Devoe v. State

Appellant was convicted of assault with intent to rape, and his punishment fixed at twelve years, in the penitentiary. This appeal is prosecuted to reverse that judgment.

Mae Chaney was eight years old, in the 3-B grade at school, and testified that she knew right from wrong, and she knew, if she did not tell the truth, she would go to the bad man. The appellant’s attorney stated, before the witness had been examined at all, that he objected, because he did not think she was qualified. The prosecuting attorney thereupon stated that he would ask her questions showing her qualifications, and…