Collier v. State

Was it error to allow defendant’s seven-year-old son Gregory to testify?

The principal error of which Collier complains is that his seven-year-old son Gregory was allowed to testify without a proper testing of his testimonial competency.

There is no doubt that Gregory’s testimony was of crucial importance. He was the only eyewitness. The defendant admitted that he and his wife had been drinking during the day prior to the murder. He testified in court that he did not remember going home and did not remember an altercation with his wife. He stated that he awoke to find his wife lying next to…