Marn v. People

Oyer G. Leary, District Judge * ,

delivered the opinion of the Court.

The plaintiff in error, hereinafter referred to as defendant, was by a jury convicted of the crime of felonious assault, on a child under age sixteen. The motion for new trial set forth two points of error, being (1) incompetency to testify of the two minor State witnesses, being the victim age nine years, and her sister age ten years; and (2) failure to grant judgment of acquittal at close of People’s case, and at the conclusion of all evidence. The briefs as filed by defendant’s counsel in this Court raised for the first…