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People v. Sims

JULY 2, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

THADDEUS SIMS, A MINOR, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. DAVID S. SCHAFFER, Judge, presiding. Reversed and remanded.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

After a hearing, without a jury, on a delinquency petition, defendant was found delinquent and was placed on probation.

POINT RAISED ON APPEAL

The thirteen-year-old complaining witness was incompetent to testify.

EVIDENCE

When the State called the complaining witness, Randolph Brown, it was established that he was 13 years old. Defense counsel then requested that the court conduct an inquiry to ascertain the competence of the witness before permitting him to testify. The following ensued:

THE COURT: "Do you know what will happen to you if you don't tell the truth?"

A. "No."

ASSISTANT STATE'S ATTORNEY: "Do you know what will happen to you if you don't tell the truth?"

A. "No."

Q. "What happens to you if you tell a lie?"

A. "I don't know."

THE COURT: "Are you going to tell the truth in ...


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