Capps v. Commonwealth

560 S.W.2d 559 (1977)

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Capps v. Commonwealth

Supreme Court of Kentucky
560 S.W.2d 559 (1977)

SC

Facts

The Commonwealth of Kentucky (plaintiff) charged Leslie Capps (defendant) with sexual abuse of a minor. At trial, the prosecution called the victim, who at the time was five years old. Capps objected to the victim testifying on competency grounds. The trial court conducted a voir dire of the victim, during which the victim identified where her parents worked, the name of Capps’s counsel, her ability to count to ten, and her ability to tell a lie versus the truth, among other things. She stated that she was able to tell the truth at trial. The trial court permitted the victim to testify. Capps appealed.

Rule of Law

Issue

Holding and Reasoning (Sternberg, J.)

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