State v. Allen

Weaver, J. —

Defendant’s appeal presents three questions. They spring from his trial and his jury conviction of the crime of taking indecent liberties on the person of a 6-year-old female child.

Defendant urges that the trial court erred when it admitted into evidence the testimony of the 6-year-old prosecuting witness and when it refused to strike her testimony. RCW 5.60.050 provides in part:

Who are incompetent. The following persons shall not be competent to testify:(2) Children under ten years of age, who appear incapable of receiving just impressions of the facts, respecting which they are…