Commonwealth v. Mangello

CERCONE, Judge:

This appeal arises from appellant’s conviction by a jury of raping and indecently assaulting a five year-old girl. The only issue which appellant raises here which he preserved by written post-trial motions is the question whether the victim, since she was an infant, was competent to testify. 1

In general, the competency of a witness to testify is presumed and the burden falls on the party objecting to demonstrate the witness’ incompetence. Rosche v. McCoy, 397 Pa. 615, 156 A.2d 307 (1959). However, when a child under the age of fourteen is called to testify, the presumption…