McKinney v. State

McMurray, Presiding Judge.

Defendant was charged in an indictment with burglary, aggravated assault by use of a deadly weapon, and kidnapping. At defendant’s jury trial, the victim was declared “not competent to testify,” due to her feebleness, hearing impairment and the effects of Alzheimer’s disease. However, defendant’s own incriminating statements, as well as expert opinion analysis of deoxyribonucleic acid (“DNA”) evidence, showed that defendant broke into the home of the elderly victim, advanced upon her wielding a pipe and threatened her before forcing her into a bedroom, where he tied…