Legal Opinion

State v. Lee

Ohio Court of Appeals

Decided April 20, 1983No. 10906PublishedCited by 14 opinions

1Opinion of the CourtGeorge, J.

The appellant, Cornelius Lee, a.k.a. Cross, a.k.a. La Cross, was convicted of two counts of rape in violation of R.C. 2907.02. This court affirms.

The appellant alleges the victim was incompetent to render testimony.

“I. The trial court erred in overruling defendant-appellant’s objection to the competency of a five (5) year old witness to testify in violation of the Sixth and Fourteenth Amendments to the United States Constitution.”

The victim of the rape was a five year old girl. Persons under the age of ten are rebuttably presumed to be incompetent to testify. R.C. 2317.01. This court in Hill…

2Cases cited4 opinions

  1. State v. EleyOhio Supreme Court · 1978
  2. State v. AustinOhio Court of Appeals · 1976
  3. Hill v. SkinnerOhio Court of Appeals · 1947
  4. Simes v. Dayton-Xenia Ry Co.Ohio Court of Appeals · 1937

3Cited by14 opinions

  1. State v. CobbOhio Court of Appeals · 1991
  2. Bartell v. StateCourt of Criminal Appeals of Oklahoma · 1994
  3. State v. MaddenOhio Court of Appeals · 1984
  4. State v. TomlinsonOhio Court of Appeals · 1986
  5. State v. HartOhio Court of Appeals · 1988

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