Miller v. State

Miller was placed upon trial under an indictment charging him with the offense of rape, and was convicted. He made a motion for a new trial, which was overruled, and he excepted. In one ground of the motion for a new trial complaint is made that the court erred in holding that the child who was the victim of the alleged rape was a competent witness. The preliminary examination as to the competency of this witness was as follows: “By the solicitor-general — Q. Do you know what it is to swear? A. Yes sir. Q. If anybody was to tell a story what would become of them ? A. The bugger man would get…