People v. Lancaster

SILVERSTEIN, Judge.

Defendant, Ronald Lancaster, appeals his jury conviction of sexual assault without force on a child. Defendant asserts as error the admission into evidence of the victim’s statement to her mother as part of the res gestae, and the determination that the victim’s seven-year-old brother was competent to testify. We affirm.

The evidence, viewed in the light most favorable to the jury’s verdict, People v. McCollum, 38 Colo.App. 283, 555 P.2d 184 (1976), discloses that on the evening of September 3, 1977, defendant stopped by the home of the victim’s mother and asked for…