State v. Borland

Kendrick P. Borland, Jr., appeals from his conviction of statutory rape in the first degree, claiming that the trial court erred in finding that the 4-year-old complaining witness was competent to testify, and in finding that her out-of-court statements were admissible under the child hearsay statute. We affirm.

On January 8, 1988, Borland was charged with one count of statutory rape in the first degree. The trial court conducted a hearing to determine the testimonial competence of the complaining witness, D.W., who was 4 years 1 month old at the time of trial. Following questioning by both…