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STATE v. HOWARD

No. 90-305.

806 P.2d 1038 (1991)

STATE of Montana, Plaintiff and Respondent, v. Robert E. HOWARD, Defendant and Appellant.

Supreme Court of Montana.

Decided March 4, 1991.

Attorney(s) appearing for the Case

J. Douglas Alexander, Sidney, for defendant and appellant.

Marc Racicot, Atty. Gen., Joe Thaggard, Asst. Atty. Gen., Helena, Mike Weber, Richland County Atty., Phillip N. Carter, Deputy County Atty., Sidney, for plaintiff and respondent.

WEBER, Justice.

In the District Court for the Seventh Judicial District, Richland County, defendant Robert Howard, was convicted of two counts of felony sexual assault pursuant to § 45-5-502(3), MCA. Defendant appeals. We affirm.

The sole issue for our consideration is: Did the District Court err in finding the two child witnesses competent to testify under Rule 601, M.R.Evid.?

Mrs. M's twin five-year-old daughters, C.B. and K.B., lived with Mrs...

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