Mackler v. State

I dissent. While the competency of witnesses to testify is generally an area within the trial court’s discretion, I cannot join in the dismissal of certiorari in this case. Our decision today has the practical effect of approving the use, in a criminal proceeding, of testimony by a five-year-old witness who four months earlier had been ruled incompetent to testify in the same matter. Our disposition of this appeal is inconsistent with today’s decision in State v. Strickland, 250 Ga. 827 (- SE2d -) (1983), where we upheld the disqualification of a child witness, also a five-year-old.

Further,…