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STATE v. MADER

No. 16522.

744 P.2d 137 (1987)

113 Idaho 409

STATE of Idaho, Plaintiff-Respondent, v. Robert H. MADER, Defendant-Appellant.

Court of Appeals of Idaho.

October 5, 1987.

Attorney(s) appearing for the Case

John T. Mitchell, Coeur d'Alene, for defendant-appellant.

Jim Jones, Atty. Gen. by Michael A. Henderson, Deputy Atty. Gen., Boise, for plaintiff-respondent.

PER CURIAM.

A jury convicted Robert Mader of lewd conduct under I.C. § 18-1508, for sexually molesting a five-year-old girl. On appeal, Mader contends that the trial court erred in (1) finding the victim competent to testify, and (2) allowing her to testify without administering a formal oath. The state asserts that both of these issues were waived at trial and, therefore, can only be reviewed for fundamental error. We agree and for reasons stated below, we affirm...

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