Provost v. State

OPINION

REYNOLDS, Commissioner.

Jointly indicted and tried, appellants were convicted of the offense of murder with malice. The punishment assessed by the jury was confinement for seven years for appellant Leo John Provost and confinement for two years for appellant Larry Provost.

The first three grounds of error are directed to the sufficiency of the evidence to sustain the convictions. The major premise is that thirteen year old Wanda Provost, the eye-witness who testified to the facts of the actual killing, was not a competent witness.

The competency of Wanda Provost is challenged on the basis…