Love v. State

The defendant argues (1) that the victim, a three-and-one-half-year-old child, was incompetent to testify and that the trial court should have, sua sponte, stricken her testimony; (2) that the court erred in allowing the mother to testify as to the hearsay statements made by the victim the morning after the incident upon the grounds the statements were hearsay and not a res gestae exception; and (3) that the evidence is insufficient to sustain the conviction beyond a reasonable doubt.

Before S-, the three-and-one-half-year-old victim, was permitted to take an oath and testify, a voir dire was…