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STATE v. MAROIS

509 A.2d 1160 (1986)

STATE of Maine v. Armand MAROIS.

Supreme Judicial Court of Maine.

Decided May 15, 1986.

Attorney(s) appearing for the Case

Paul Aranson, Dist. Atty., Laurence Gardner, Bethanne Poliquin, (orally), Asst. Dist. Attys., Portland, for plaintiff.

Lewis A. Hoffman, (orally), Hoffman & Koch, Dunedin, Fla., P. Jane Andrews, Lewiston, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ.

MEMORANDUM OF DECISION.

After a jury-waived trial in Superior Court (Cumberland County) defendant Armand Marois was convicted of gross sexual misconduct, 17-A M.R.S.A. § 253 (Supp. 1985-1986). On appeal he argues that the trial justice applied the wrong standard to determine whether the four-year-old prosecutrix was competent to testify. As we have previously stated, M.R.Evid. 601 is the exclusive standard to be used to determine the competence of a witness to...

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