Durham v. State

Hart, 0. J.

Dan Durham was convicted of assault with' intent to rape, and his punishment was fixed by the jury trying him at three years in the State Penitentiary.

The child upon whom the assault was alleged to have been committed was allowed to testify, and it is urged that the court erred in allowing her to do so. Before she was permitted to testify, the trial court examined her as to her competency. iShe was six years old, and stated that she had been to Sunday-school, where she was taught that if she fold a lie she would go down to the bad-man. She also stated that if she told a story she…