Middleton v. State

Pope, Judge.

Defendant Charles Middleton was convicted of child molestation and appeals.

1. This case was tried prior to the 1989 amendment to OCGA § 24-9-5 permitting all child victims to testify and have their credibility judged by the jury. At the time this case was tried, the statute left the issue of the child’s competency to testify to the discretion of the trial judge. The victim was four years old at the time the incident occurred and five and one-half years old when she testified at trial. Defendant argues the trial court erred in ruling the victim was competent to testify.

“[T]he…