Opinion
69148.
DECIDED FEBRUARY 25, 1985.
Child molestation. Emanuel Superior Court. Before Judge Hartley.
Marcus F. Price, Jr., for appellant.
Richard A. Malone, District Attorney, for appellee.
The defendant appeals his conviction for child molestation. Held:
1. It is contended that the victim, the defendant's nine-year-old daughter, who was ten and in the third grade at the time of trial, was incompetent to testify.
"The competency of a child as a witness is within the sound discretion of the court and its ruling will not be disturbed unless there is a manifest abuse of discretion." Adams v. State, 166 Ga. App. 807 ( 305 S.E.2d 651) (1983). The trial judge conducted a very thorough examination of the minor witness and had an opportunity to observe her demeanor in these circumstances. Her testimony was not always clear or consistent, but she expressed an appreciation of the necessity and obligation to tell the truth and a realization that she would suffer punishment if that obligation was violated.
"Inconsistency in the child's testimony does not render her incompetent to testify, but goes to her credibility as a witness." Pendergrass v. State, 168 Ga. App. 190 ( 308 S.E.2d 585) (1983).
Here the examination of the witness met the essential requirements of OCGA § 24-9-5 as interpreted by our courts and we find no abuse of discretion in permitting the child to testify. Smith v. State, 247 Ga. 511, 512 ( 277 S.E.2d 53) (1981); Hill v. State, 251 Ga. 430 ( 306 S.E.2d 653) (1983); Lashley v. State, 132 Ga. App. 427 ( 208 S.E.2d 200) (1974); Pope v. State, 167 Ga. App. 328 (1) ( 306 S.E.2d 326) (1983).
2. The evidence was sufficient to authorize a rational trier of fact to find the defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979); Stinson v. State, 244 Ga. 219 ( 259 S.E.2d 471) (1979).
Judgment affirmed. Birdsong, P. J., and Carley, J., concur.