People v. Sims

After a hearing, without a jury, on a delinquency petition, defendant was found delinquent and was placed on probation.

POINT RAISED ON APPEAL

The thirteen-year-old complaining witness was incompetent to testify.

EVIDENCE

When the State called the complaining witness, Randolph Brown, it was established that he was 13 years old. Defense counsel then requested that the court conduct an inquiry to ascertain the competence of the witness before permitting him to testify. The following ensued:

THE COURT: “Do you know what will happen to you if you don’t tell the truth?”

A. “No.”

ASSISTANT STATE’S…