Borosh v. State

Defendant-appellant Lewis John Borosh (Borosh) was convicted of the crime of assault and battery with intent to gratify sexual desires 1 following a trial before a jury. His motion to correct errors was overruled by the trial court, and this appeal was perfected.

On appeal, Borosh first contends that the trial court erred in allowing two statutorily incompetent witnesses to testify. These witnesses were the prosecutrix and another girl, both of whom were less than ten years of age, and who testified that they submitted to sexual acts with appellant.

IC 1971, 34-1-14-5 (Burns Code Ed.) provides,…