Butler v. State

Banke, Chief Judge.

Gary Wayne Butler appeals his convictions of statutory rape, aggravated sodomy, and child molestation.

The alleged victim, who was seven years old at the time of trial, testified that she knew that it was important to tell the truth and that she would be in “big bad trouble” if she did not do so. She also promised that she would tell the truth during the trial. When cross-examined with respect to her competency, however, she testified that *111she did not know what an oath was. Held:

1. The defendant contends that the trial court erred in determining that the child was competent…