The defendant was tried upon a 2-count indictment for child molestation and found guilty on one count. On appeal, he enumerates *587 as error, among others, the admission over objection of evidence that he had committed other acts similar to those charged in the indictment. Held:
1. The victim named in the indictment was the 9-year-old sister of the defendant’s wife. The testimony at issue concerned the attempted sodomy of the victim’s 12-year-old brother and a number of rapes in which the victim’s then 15-year-old sister was the complainant. As we recently held in
Phelps v. State,
2. Next, the defendant contends that the trial court erred in refusing to sever the two counts charged in the indictment. Regardless of the merits of this contention, however, “it is clear that no harm resulted to this defendant from the consolidation because the jury returned a verdict of not guilty on one of the... [counts]...”
Bell v. State,
3. Finally, the defendant contends that the trial court erred in his determination that the 9-year-old victim was competent to testify. “ ‘It is left to the sound discretion of the trial court to determine whether or not a child of tender years is a competent witness.’ ‘The determining factor in deciding the competency of a witness to testify is not age, but the ability to understand the nature of an oath. The decision as to the ability or competency of the witness (child or otherwise) to testify is left to the sound discretion of the trial court, and this court will not interfere with its judgment, where it does not appear such discretion has been manifestly abused.’ [Cit.]”
Zilinmon v. State,
Judgment affirmed.