State v. Jensen
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. The defendant, J. Jensen, was indicted for an assault with intent to commit rape on a female child of the age of four years, and convicted of simple assault, and appeals.
1Opinion of the Court 1
Department 2.
2Opinion of the Court · BurnettJustice Burnett
1. It is first contended that the court was wrong in allowing the complaining witness to testify, she being but four years of age. It is said in Section 732, L. O. L., that the following “persons are not competent witnesses * * 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; * * ”
It is settled in the case of State v. Jackson, 9 Or. 459, that the competency of a child under 10 years of age to be a witness is a preliminary question to be decided as a fact by the trial…
3Cases cited18 opinions
- Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
- State v. SaundersOregon Supreme Court · 1886
- State v. BartmessOregon Supreme Court · 1898
- State v. BaconOregon Supreme Court · 1886
- State v. DunnOregon Supreme Court · 1909
13 more not listed; retrieve them via the Exa API.
4Cited by24 opinions
- State v. SpreiglSupreme Court of Minnesota · 1965
- State v. PaceOregon Supreme Court · 1949
- State v. BatehamOregon Supreme Court · 1919
- State v. HutchisonOregon Supreme Court · 1960
- State v. McDonaldOregon Supreme Court · 1961
19 more not listed; retrieve them via the Exa API.