Legal Opinion

State v. Jackson

Oregon Supreme Court

Decided October 15, 1881PublishedCited by 14 opinions

Appeal from Multnomah. The facts are stated in the opinion. Children under ten years of age, who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly, are not admissible as witnesses. (Civil code, section 701.) To be capable of relating them truly, it is necessary that they have sufficient capacity to relate them correctly, and sufficient instruction to appreciate the nature and obligation of an oath.

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1Opinion of the Court

By the Court,

Lord, O. J.:

The appellant was tried and convicted, at the June term, 1881, of the circuit court of Multnomah county, for the crime of an assault with intent to commit rape upon the person of -, a female child under the age of fourteen years. At the trial, for the purpose of identifying the appellant, the prosecutrix was called as a witness by the state, and the testimony having shown that she was not quite seven years of age, counsel for the appellant objected to her being sworn, on account of her tender years, and because she was too young to understand the nature and…

2Cases cited6 opinions

State v. TomOregon Supreme Court · 1879
People v. BernalCalifornia Supreme Court · 1858
State v. ScanlanSupreme Court of Missouri · 1874
State v. LevySupreme Court of Minnesota · 1876
Cates v. StateSupreme Court of Alabama · 1874

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

State v. BatehamOregon Supreme Court · 1919
State v. HutchisonOregon Supreme Court · 1960
State v. JuneauWisconsin Supreme Court · 1894
Tyrrel v. StateIndiana Supreme Court · 1912
State of Oregon v. DoudOregon Supreme Court · 1950

9 more not listed; retrieve them via the Exa API.