Hester v. State

Sognier, Judge.

Appellant was convicted of cruelty to children and he appeals.

1. Appellant contends the trial court erred by holding that Michael Childers, the victim, was competent to testify. In this regard OCGA § 24-9-7 (a) provides that the competency of an infant as a witness shall be decided by the court through examination of the witness alleged to be incompetent. Childers was nine years old at the time of trial and during questioning as to his competency, testified as to his grade in school; his teacher’s name; that it is good to tell the truth and bad to tell a lie; that he would get…