State v. Lau

OPINION

FOLEY, Judge.

Appellant Marlin Lau was convicted of criminal sexual conduct in the second degree, Minn. Stat. § 609.343, subd. 1(a) (Supp.1985) (unlawful sexual contact). He contends the evidence was insufficient and that the five-year old complainant was incompetent to testify. We affirm.

FACTS

On October 8, 1985 appellant was alone in his trailer home while his wife was visiting their neighbors. The neighbors’ five-year old daughter, R.D., went to appellant’s trailer to bring him some candy bars. When R.D. returned home, she appeared pale, frustrated and curled up on the sofa. She told…