People ex rel. Rao v. Warden of City Prison

After a hearing before a city magistrate the defendant John Tormey was held for the grand jury upon a charge under section 690 of the Penal Law. At the hearing two witnesses testified, one a boy nine years of age, the other a police officer. After a preliminary examination as to the boy’s capacity to take an oath the magistrate ruled that the boy was not “ old enough to be sworn.” His evidence was received, however, though not given under oath.

*835The police officer testified that the defendant had denied the truth of the charges which the boy had made in the latter’s presence at the police…