State v. Jason

POMEROY, Justice.

Appellant was indicted on February 2, 1977 on charges of sodomy, 17 M.R.S.A. § 1001 1 and taking indecent liberties, 17 M.R.S.A. § 1951. 2 A jury trial culminated in a verdict of guilty as to the sodomy charge. Appellant’s motion for a new trial was denied, and this appeal was timely taken.

The prosecution’s chief witness was the 5-year old victim, appellant’s step-daughter. Prior to trial, the Court conducted a hearing to determine whether the prosecutrix was competent to testify. He determined that she was, but reserved the right to reverse his decision should he later feel…