State v. Barnes

OPINION

WOOD, Chief Judge.

Convicted of sexual assault, defendant appeals. Section 40A-9-9, N.M.S.A.1953 (Repl.Vol. 6). The contentions, and our answers, follow.

1. Three witnesses were too young to testify.

Two boys age 11 and one boy age 10 testified concerning the sexual assault. Defendant claims the boys were too young to testify. Each of the boys was asked as to his understanding that he was to tell the truth. Each replied affirmatively. Each then testified. No objection was made to their testimony. Whether the boys were competent to testify was a matter to be resolved by the trial court in…