State v. Bolton

BRITT, Judge.

Defendant first assigns as error the failure of the court to give the jury the following requested instruction: “Minor children have testified for the prosecution during this trial. The Court instructs you that they are legally competent so to testify, but you should, in determining the credibility and weight to be given their testimony, consider their age and maturity.” We find no merit in the assignment.

It appears to be settled in this jurisdiction that if a specifically requested jury instruction is proper and supported by the evidence, the trial court must give the…