State v. Stich

Defendant appeals from conviction of lewdly fondling and manipulating the private parts of a nine-year-old female child. ORS 167.227.

Defendant claims error in (1) allowing the child victim to testify; (2) overruling a demurrer on the ground of unconstitutional vagueness of the statute; and (3) denial of motion for a directed verdict of acquittal on the ground of insufficient competent evidence.(1). ORS 44.030 provides that children under ten years of age who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly, may not…