State v. Boston

The serious questions obviously presented by the foregoing facts and the need for guidance and direction to our trial courts and courts of appeals in the trial and review of alleged child abuse cases cannot be better stated than by the following.

In his brief, but incisive, concurring opinion in the case at bar in the court of appeals, Presiding Judge Quillin said, in part:

“* * * A majority of the five judges of the Ninth District Court of Appeals believe that even though a child is ‘incapable of receiving just impressions of the facts * * * or relating them truly’ [Evid. R. 601(A)] that child…