Smith v. State

MACY, Justice.

Appellant was convicted by a jury of committing an indecent act in the presence of a child under § 6 — 4—403(b)(iii), W.S.1977 (June 1983 Replacement). The only issue raised on appeal is whether the trial court abused its discretion in allowing the five-year-old victim to testify.

We affirm.

On March 24, 1984, appellant’s wife was babysitting a four-year-old girl. Sometime during the day, the child wandered into a shed on appellant’s property in Rock Springs, Wyoming, where he was working, and he engaged her in a conversation. At some point during the conversation, appellant…