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PEOPLE v. McMILLAN

No. 5-91-0165.

597 N.E.2d 923 (1992)

231 Ill. App.3d 1022

173 Ill.Dec. 949

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Kevin McMILLAN, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

August 4, 1992.

Attorney(s) appearing for the Case

Paula Phillips, State's Atty., Effingham, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Defender, and Gerry R. Arnold, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellant.

Daniel M. Kirwan, Deputy Defender, Dan W. Evers, Asst. Defender, Office of the State Appellate Defender, Fifth Judicial Dist., Mt. Vernon, for defendant-appellee.

Justice CHAPMAN delivered the opinion of the court:

Kevin McMillan was charged with two counts of aggravated criminal sexual assault against a minor. On January 10, 1991, a hearing was held on the six-year-old minor's competency to testify. (See Ill. Rev.Stat.1989, ch. 38, par. 115-14.) At that hearing the circuit court ruled that the minor would not be allowed to testify.

"The Court finds that the minor witness is capable of expressing himself but not capable...

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