STATE v. BROTHERTON

No. 84-1646.

384 N.W.2d 375 (1986)

STATE of Iowa, Appellee, v. Earl Franklin BROTHERTON, Appellant.

Supreme Court of Iowa.

March 19, 1986.


Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, and Linda Del Gallo, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Lona Hansen, Asst. Atty. Gen., and Joseline L. Greenley, Co. Atty., for appellee.

Considered en banc.


SCHULTZ, Justice.

Defendant Earl Franklin Brotherton appeals his judgment and sentence entered upon a conviction of second-degree sexual abuse. Iowa Code § 709.3(2). He contends the trial court abused its discretion: (1) in ruling that the four-year-old complaining witness was competent to testify; (2) in allowing expert opinion testimony concerning whether a child would fantasize an incident of sexual abuse; and (3) in denying defendant's motion for a mistrial...

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