STATE v. GILBERT

No. 894SC369.

385 S.E.2d 815 (1989)

STATE of North Carolina, Appellee, v. Weldon GILBERT, Appellant.

Court of Appeals of North Carolina.

November 21, 1989.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Special Deputy Atty. Gen. James B. Richmond, Raleigh, for State.

Joseph E. Stroud, Jr., Jacksonville, for defendant, appellant.


HEDRICK, Chief Judge.

In his first assignment of error, defendant contends the trial judge improperly allowed the six-year-old victim to testify at trial because her competency was never established. Defendant asserts the trial court was required to conduct a voir dire examination of the witness to determine her competency. By failing to make this formal inquiry, defendant argues, the trial judge had no evidence from which he could determine the six-year-old...

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