McCrary v. State

Benham, Judge.

Appellant was convicted of three counts of statutory rape involving his ten-year-old stepdaughter; one count of aggravated assault with intent to rape his 15-year-old stepdaughter; and one count of simple battery involving the older girl.

1. Appellant first questions the trial court’s ruling that the 10-year-old was competent to testify. At a hearing held outside the presence of the jury, the young girl’s testimony indicated that she knew the difference between truths and untruths; that she knew she could be punished for speaking untruths; and that she had promised to tell the…