Legal Opinion

Richardson v. State

Supreme Court of Georgia

Decided June 10, 1914PublishedCited by 17 opinions

Indictment for rape. Before Judge George. Dooly superior court. March 14, 1914.

1Opinion of the CourtFish, C. J.

1. It is left to the sound discretion of the trial court to determine whether or not a child of tender years is a competent witness; and where the court examines a child as to its understanding of the nature of an oath and decides that it is competent to testify, this court will not interfere, where it does not appear that such discretion . has been manifestly abused. Civil Code, §§ 5862, 5865; Moore v. State, 79 Ga. 498 (3), 502 (5 S. E. 51) ; Beebee v. State, 124 Ga. 775 (53 S. E. 99) ; Young v. State, 125 Ga. 584 (4), 586 (54 S. E. 82).(a) It does not appear that the judge manifestly…

2Cases cited5 opinions

  1. Young v. StateSupreme Court of Georgia · 1906
  2. Moore v. StateSupreme Court of Georgia · 1887
  3. Turner v. StateSupreme Court of Georgia · 1913
  4. Beebee v. StateSupreme Court of Georgia · 1906
  5. Alabama Great Southern Railroad v. HuntSupreme Court of Georgia · 1911

3Cited by17 opinions

  1. Benton v. StateSupreme Court of Georgia · 1937
  2. Hayes v. StateCourt of Appeals of Georgia · 1927
  3. Hogan v. HoganSupreme Court of Georgia · 1943
  4. Reece v. StateSupreme Court of Georgia · 1923
  5. Frasier v. StateSupreme Court of Georgia · 1915

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