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Lawskills.com Georgia Caselaw
MIDDLETON v. THE STATE.
A89A2260.
POPE, Judge.
Child molestation. Long Superior Court. Before Judge Harvey.
Defendant Charles Middleton was convicted of child molestation and appeals.
1. This case was tried prior to the 1989 amendment to OCGA 24-9-5 permitting all child victims to testify and have their credibility judged by the jury. At the time this case was tried, the statute left the issue of the child's competency to testify to the discretion of the trial judge. The victim was four years old at the time the incident occurred and five and one-half years old when she testified at trial. Defendant argues the trial court erred in ruling the victim was competent to testify.
807 (1) (305 SE2d 651) (1983). "[Even if] on the cold record the testimony of the [child] does not inspire confidence, we are unable to see the child as did the trial court and we are unable to evaluate the child's demeanor or candor. We will not substitute our judgment for that of the trial court nor do we find a manifest abuse of discretion." Herron v. State, 155 Ga. App. 791, 792 (272 SE2d 756) (1980). See also Lancaster v. State, 250 Ga. 871 (2) (301 SE2d 882) (1983).
2. Although the defendant attempted to impeach the credibility of the child witness, her credibility was an issue for jury determination. The evidence was sufficient to permit the jury to find defendant guilty beyond a reasonable doubt.
Dupont K. Cheney, District Attorney, J. Thomas Durden, David C. Walker, Assistant District Attorneys, for appellee.
Raymond A. Majors, Jr., for appellant.
DECIDED MARCH 12, 1990.
Saturday May 23 21:06 EDT


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