Commonwealth v. Payton

JACOBS, President Judge:

Appellant James Payton was convicted by the Honorable Alfred J. DI BONA, Jr. sitting without a jury of attempted rape and indecent assault. His post trial motions were denied and he was sentenced to a term of imprisonment of not less than two and one-half and not more than five years for attempted rape; sentence was suspended on the indecent assault conviction. The only issue raised on this appeal is whether the trial court abused its discretion in ruling that the six year old complaining witness was competent to testify. We hold that the court did not abuse its…