Frasier v. State
Supreme Court of Georgia
Indictment for rape. Before Judge Hill. Fulton superior court. January 9, 1915.
1Opinion of the CourtAtkinson, J.
1. The competency of a witness to testify must be decided by the court. Civil Code, § 5856.
2. Children who do not understand the nature of an oath are incompetent witnesses. Civil Code, § 5862.
3. The court must, by examination, decide upon the capacity of one offered as a witness, and objected to as incompetent on account of childhood, so far as to determine whether the witness shall be allowed to testify. His determination of this preliminary question will not be reversed, unless plainly erroneous. Civil Code, §§ 5865, 5866; Young v. State, 125 Ga. 584 (54 S. E. 82) ; Richardson v. State,…
2Cases cited3 opinions
- Young v. StateSupreme Court of Georgia · 1906
- Young v. StateSupreme Court of Georgia · 1905
- Richardson v. StateSupreme Court of Georgia · 1914
3Cited by16 opinions
- Stonaker v. StateCourt of Appeals of Georgia · 1975
- Hayes v. StateCourt of Appeals of Georgia · 1980
- Independent Life & Accident Insurance v. ThorntonCourt of Appeals of Georgia · 1960
- Reece v. StateSupreme Court of Georgia · 1923
- Gordon v. StateSupreme Court of Georgia · 1938
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