People v. Shelton

Defendant, charged with child torture, appeals as of right from his jury conviction of attempted child torture. MCL 750.136a, 750.92; MSA 28.331(1), 28.287. The victim, who was two years old at the time of the alleged offense and three years old at the time of trial, was found incompetent to testify as a witness because he could not understand the difference between lying and telling the truth. The main prosecution witness was the victim’s mother, who testified that in July of 1981 defendant was living with her and her two children. She testified to a series of physical abuses of the victim…