Westbrook v. State
Court of Appeals of Georgia
1Opinion of the Court
McMurray, Presiding Judge.
Defendant appeals his conviction for aggravated child molestation. Held:
1. In his first enumeration of error, defendant contends the trial court erred in finding the victim, who was five years of age at the time of trial, competent to testify. “OCGA § 24-9-5 (formerly Code Ann. § 38-1607) provides: ‘Persons who do not have the use of reason, such as idiots, lunatics during lunacy, and children who do not understand the nature of an oath, shall be incompetent witnesses.’ In Smith v. State, 247 Ga. 511, 511-12 (277 SE2d 53) (1981), the Supreme Court defined the…
Also in this document: Concurrence.
2Cases cited35 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Timberlake v. StateSupreme Court of Georgia · 1980
- Berry v. StateSupreme Court of Georgia · 1851
- Bell v. StateSupreme Court of Georgia · 1971
- Allison v. StateSupreme Court of Georgia · 1987
30 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Turner v. StateSupreme Court of Georgia · 2001
- Hutton v. StateCourt of Appeals of Georgia · 1989
- Harris v. StateCourt of Appeals of Georgia · 1991
- White v. StateCourt of Appeals of Georgia · 1989
- Bright v. StateCourt of Appeals of Georgia · 1990
21 more not listed; retrieve them via the Exa API.