Sullivan v. State

Quillian, Chief Judge.

The defendant appeals his conviction for child molestation. Held:

1. Error is asserted because the trial court ruled that the seven-year-old female victim was competent to testify.

Defendant’s first trial resulted in a mistrial because the jury was unable to agree. At that trial the victim was examined extensively by the district attorney, defense counsel, and the court, before the court ruled her competent to testify. The second trial began two weeks later before a different judge. When the victim was called as a witness the trial judge stated that he had read the…