Legal Opinion

Hutton v. State

Court of Appeals of Georgia

Decided July 11, 1989No. A89A0396PublishedCited by 33 opinions

1Opinion of the Court

Carley, Chief Judge.

After a jury trial, appellant was found guilty of child molestation and aggravated child molestation. Appellant appeals from the judgments of conviction and sentences that were entered by the trial court on the guilty verdicts.

1. Appellant enumerates as error the trial court’s finding that the four-year-old victim was competent to testify.

Prior to its 1989 amendment, Ga. L. 1989 (Act 674), former OCGA § 24-9-5 provided that “[a] child is competent to testify if the court is satisfied that the child knows and appreciates the fact that ‘as a witness he assumes a solemn and…

2Cases cited12 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Smith v. StateSupreme Court of Georgia · 1986
  3. Lloyd v. StateSupreme Court of Georgia · 1988
  4. Smith v. StateSupreme Court of Georgia · 1981
  5. Thomas v. StateCourt of Appeals of Georgia · 1983

7 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Adams v. StateSupreme Court of Georgia · 2011
  2. State v. LaymanSupreme Court of Georgia · 2005
  3. Elrod v. StateCourt of Appeals of Georgia · 1996
  4. Weems v. StateCourt of Appeals of Georgia · 1990
  5. Davidson v. StateCourt of Appeals of Georgia · 1998

28 more not listed; retrieve them via the Exa API.

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