State v. Doe

OPINION

HENDLEY, Judge.

The child appeals a finding of delinquency. He appeals asserting: (1) certain statements of the victim, who was ruled incompetent to testify at trial, should not have been admitted; and (2) the trial court erred in quashing a jury trial on the adjudication of the merits.

We discuss the first point, since it will necessarily be at issue in the new trial we are granting the child on the jury issue.

The victim, Jimmy, was a four-year-old child. The charge of delinquency was based on a penis-anus and penis-mouth contact. At a pretrial determination of competency, the…