State v. Dixon

McDONOUGH, Chief Justice.

Defendant was convicted of the infamous crime against nature, in violation of Sec. 108-51-22, U. C. A. 1948, and he appeals. The offense was allegedly committed on a boy under six years of age. Only two principal contentions are made on this appeal: (1) That the alleged victim was not competent to testify. (2) That there was not sufficient evidence to prove that defendant committed such crime.

The first contention is without merit. The trial court examined the boy to ascertain whether he was capable of receiving correct impressions and able to relate facts accurately.…