People v. Colbath
Michigan Supreme Court
Error to Bay; Shepard, J. Iram E. Colbath was convicted of statutory rape and sentenced to imprisonment for not less than six and not more than twelve years in the branch of the State prison at Marquette.
1Opinion of the CourtHooker, J.
It is the general rule that a person is competent to testify to his own age. When, however, it appears that he has no recollection of his mother, and has no information upon the subject from his relatives or other members of the family, his opinion, based on the statements of other persons, is not evidence, while the statements of such persons are hearsay. In this cause the defendant’s counsel sought to introduce evidence of such statements through cross-examination of the witness, who had not been asked upon direct examination to state her age. It was inadmissible, and the court did not err…
2Cited by6 opinions
- State v. ThomasWashington Supreme Court · 1941
- People v. WilliamsMichigan Court of Appeals · 1991
- 36 West Main, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1955
- State v. PhillipsConnecticut Superior Court · 1961
- State v. HugginsSupreme Court of New Jersey · 1912
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