Sizemore v. State

Bell, Justice.

We granted certiorari in this case, Sizemore v. State, 201 Ga. App. 431, 432, 433 (2) (411 SE2d 505) (1991), to consider whether the Court of Appeals correctly held that OCGA § 24-9-5 (b) precluded a competency challenge to a child witness who the appellant, George Sizemore, contended was incompetent because the child allegedly did not have the use of reason. We conclude that the Court of Appeals erroneously construed § 24-9-5 (b), and reverse.

In the first two counts of a three-count indictment, the State charged Sizemore with the aggravated child molestation and child…