Peters v. State
Mississippi Supreme Court
Appeal from the circuit court of Monroe county. How. Claude ClaytoN, Judge. Ohecliah Peters was convicted of rape and appeals. The facts are fully stated in the opinion of the court. The text-writers all agree that there is no certain age at which the dividing line between competency and incompetency of an infant’s testimony may be drawn. The consensus of opinion among’ them is, however, that the competency depends on intelligence rather than age.
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Appeal from the circuit court of Monroe county. How. Claude ClaytoN, Judge. Ohecliah Peters was convicted of rape and appeals. The facts are fully stated in the opinion of the court. The text-writers all agree that there is no certain age at which the dividing line between competency and incompetency of an infant’s testimony may be drawn. The consensus of opinion among’ them is, however, that the competency depends on intelligence rather than age. This witness Alice "Williams, was only sis years of age and her testimony discloses the fact that her intelligence is; of such an immature…
1Opinion of the CourtSmith, C. J.
Appellant was convicted of the rape of a six-year-old girl. This girl was introduced as a witness on behalf of the state and testified without objection. The court was not requested to and did not inquire into the question of *337her capacity to give testimony. Her testimony in chief, while not specifically addressed thereto, showed no want of testimonial qualification. On cross-examination, however, her answers to several very ludicrous questions tended to show that she did not know what the meaning of the word “truth” was. When the state rested its case, appellant made a general motion to…
2Cases cited2 opinions
- Wheeler v. United StatesSupreme Court of the United States · 1895
- Long v. ThayerSupreme Court of the United States · 1893
3Cited by16 opinions
- House v. StateMississippi Supreme Court · 1984
- Parker v. Jones County Community Hosp.Mississippi Supreme Court · 1989
- Bandy v. StateMississippi Supreme Court · 1986
- Henry v. StateMississippi Supreme Court · 1963
- MacKie v. StateMississippi Supreme Court · 1925
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