State v. Carter

Defendant assigns as error the denial of his motion for judgment of compulsory nonsuit made at the close of the State’s evidence, and the denial of a similar motion made at the close of all the evidence.

Shirley Elizabeth Silver’s first testimony was, “I am nine years old.” Whereupon, counsel for defendant objected to her testifying further on the ground that she was incompetent as a witness due to her age. The judge had the jury to retire to their room, and in their absence heard testimony as to her competency. She testified on direct examination in substance as follows: She is nine years…