Dean v. State

Willis Clay Dean, defendant-appellant, brings this appeal following a jury verdict finding him guilty of assault and battery with intent to gratify sexual desires1 and the subsequent imposition of a sentence of two to twenty-one years.

It is uncontested that sufficient evidence was presented to sustain the conviction if the testimony of the seven year old victim of the alleged assault was properly admitted into evidence. We therefore find a repetition of the evidence to be unnecessary.

The sole issue presented for our review is whether the seven year old victim was competent to testify as a…