People v. Allen

Defendant was convicted by a jury of a violation of Penal Code, section 288, committed on the person of a 5-year-old girl. He appeals from the judgment and the order denying his motion for new trial.

Appellant does not question the sufficiency of the evidence nor does he claim any other error except that the trial judge erred in qualifying the 5-year-old child as a competent witness. The record shows that after certain preliminary questions by the judge he asked: “Does either side wish a voir dire on this?” Appellant’s counsel replied: “No questions.” The court thereupon ordered the witness to…