WESTBROOK v. STATE

75099.

186 Ga. App. 493 (1988)

368 S.E.2d 131

WESTBROOK v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied March 22, 1988.


Attorney(s) appearing for the Case

Jane Kent-Plaginos, for appellant.

Rafe Banks III, District Attorney, T. Russell McClelland III, Assistant District Attorney, for appellee.


McMURRAY, Presiding Judge.

Defendant appeals his conviction for aggravated child molestation. Held:

1. In his first enumeration of error, defendant contends the trial court erred in finding the victim, who was five years of age at the time of trial, competent to testify. "OCGA § 24-9-5 (formerly Code Ann. § 38-1607) provides: `Persons who do not have the use of reason, such as idiots, lunatics during lunacy, and children who do not understand...

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