Whatley v. State

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for fondling. Punishment was assessed by the jury at twenty-five years.

At the outset, appellant contends that the court failed to properly examine the competency of three minor children who testified adversely to appellant.

Appellant complains that the court failed to conduct an examination into the competency of prosecutrix, aged eleven, and two other children, aged nine and eleven, in accordance with Article 38.06, Vernon’s Ann.C.C.P. The pertinent portion of Article 38.06, V.A.C.C.R., provides:

“All persons are competent to…