State v. Fox

MORRIS, Judge.

In his first assignment of error, defendant contends that it was improper for the trial court to allow State’s witness, Anthony Hooker, age 9, to testify after his competency as a witness had been challenged. We do not agree.

Upon defendant’s objection the trial court conducted a voir dire examination in the absence of the jury and upon being asked why he placed his hand on the Bible before testifying, Anthony Hooker stated, “ [S] o to tell the truth.” The trial court then concluded that the witness had sufficient intelligence and knowledge to give evidence. In State v. Turner,…