Bearden v. State

Quillian, Chief Judge.

The defendant brings this appeal from his conviction of five counts of child molestation. Held:

1. Defendant was charged with five acts of child molestation with three of his children who were 9,10, and 12 years of age at the time of trial. He contends “[T]he trial court erred in overruling [his] continuing objection to the competency of the children to testify.” On appeal he argues (1) the inquiry was made by the district attorney and should have been made by the court, (2) the court was confused and made only a threshold ruling, leaving the ultimate question for the…