Terrible v. State

OPINION

By the Court,

Badt, C. J.:

Appellant was held to answer in the district court by order of the committing magistrate following a preliminary hearing on the charge of lewdness with a minor. The present appeal is from denial by the district court of his petition for a writ of habeas corpus.

The sole question for our determination is Whether the complaining witness, a minor girl of the age of six and one-half years, was a competent witness. If she was not, a reversal must follow. If she was, the order denying the writ must be affirmed. Both parties concede that such is the situation. We have…