State v. Propp

At the preliminary hearing both Freddie and Stevie took the witness stand. Freddie gave a lucid account of the events which gave rise to the criminal charges against defendant. Stevie, on the other hand, was disqualified by the magistrate because he felt the boy wouldnt understand the oath. It is our opinion, after reading the transcript, that the magistrate made a wise decision. Understandably, Stevie was not called as a witness at the trial. Freddie was the states principal witness and again gave a clear account of the criminal acts. His credibility was not impeached on cross-examination.