Walker v. State

Appeal from Blount Circuit Court. Tried before Hon. John B. Tally. The defendant demurred to the indictment because two different offenses were joined in one count. Defendant objected to one Abe Muller being allowed to testify because he was a non compos mentis. In support of his objection, a physician testified that Muller had worked for him and he had known him for eighteen months, and in his opinion, said Muller was demented and had not sufficient mental capacity to testify as a witness. On voir dire Muller testified to his understanding of the obligation of an oath and the court permitted…