State v. Tribblet

Sheran, Justice.

Appeal from a judgment of the district court finding defendant guilty of the crime of indecent assault.

Defendant claims the trial court erred in allowing two boys, ages 9 and 10 years, to testify and that the judgment of conviction is not sustained by evidence properly received.

Every person of sufficient understanding may testify in criminal proceedings (Minn. St. 595.02) provided that the testimony of children under 10 years of age who appear incapable of receiving just impressions of the facts may not be received. § 595.02(6). When an infant or a person of apparently weak…