State v. Smith

TITUS, Presiding Judge.

Defendant was jury-convicted of the class B felony of sodomy (§ 566.060) 1 and, per the verdict, was sentenced to imprisonment for a term of eight years. § 558.011-1(2). He has .appealed.

In his first point relied on defendant claims the trial court erred in permitting his daughter, the alleged victim of the sodomy, to testify because, being less than ten years old, she was presumed to be incompetent to testify and it was never demonstrated that she possessed sufficient mental capacity at the time of the charged offense to observe and register the occurrence or that she…