Pace v. State

Shulman, Presiding Judge.

Defendant appeals his conviction of the offense of child molestation. We reverse.

1. Defendant argues that the trial court abused its discretion in allowing the eight-year-old alleged victim of the offense to testify. That argument is based on a contention that she was not a competent witness. We are constrained to agree.

In pertinent part the examination as to the competency of the witness was as follows:

“By Mr. Sammons [the Assistant District Attorney]: Q. How old are you, Michelle? A. Eight. Q. Do you know when your birthday is? A. Huh-uh. Q. Do you go to school? A.…