Ashley v. State

Pannell, Judge.

The defendant was indicted, tried and convicted of the offense of child molestation. His motion for new trial was overruled and he appealed to this court, enumerating as error the admission of testimony of a five-year-old child on the *388ground that she was incompetent as an infant under Code § 38-1607, which provides that "children who do not understand the nature of an oath, shall be incompetent witnesses.” The only evidence relating to her competency in this respect was as follows: "Q. Do you know about God? A. (Nods affirmatively). Q. What will God do if you tell a story? A. I…