Roberson v. State

The defendant was indicted and convicted for the first degree murder of his wife, Frances Watts Roberson. Sentence was life imprisonment.

I

The major allegation of error is that five year old Chris Tombrello was incompetent to testify as a witness.

Chris was his mother's youngest child and a stepson to the defendant. He was the only witness to his mother's murder. The trial judge examined Chris to determine his competency to testify.

"THE COURT: Do you go to Sunday School?

(No reply was made by the witness in answer to the question next above.)

"THE COURT: You don't go to Sunday School?

"A. I don't…