State v. McMullen

Thei appellant, Frank McMullen, was convicted of the crime of carnally knowing his stepdaughter, a girl between the ages of twelve and thirteen years. On the judgment of conviction, he was sentenced to the penitentiary for a term of not less than eight nor more than fifteen years.

Of the errors assigned, the first is that the court erred in permitting the girl to testify in the cause. It is contended that she did not have sufficient mental capacity to understand the nature of an oath, or to testify from her own recollection or knowledge as to matters concerning which she was called as a…