Watkins v. State
Court of Appeals of Georgia
Indictment for murder—conviction of manslaughter; from Dawson superior court—Judge J. B. Jones. November 11, 1916.
1Opinion of the CourtGeorge, J.
1. Persons who have not the use of reason, as idiots, lunatics during lunacy, and children who do not understand the nature of an oath, are incompetent witnesses. Civil Code (1910), § 5862.'
2. The court must, by examination, decide upon the capacity of one alleged to be incompetent from idiocy, lunacy or insanity, or drunkenness, or childhood. Civil Code (1910), § 5865. The objection to competency, if known, must be taken before the witness is examined at all. Civil Code (1910), § 5866; Brunswick & Western Railway Co. v. Clem, 80 Ga. 534 (3), 538 (7 S. E. 84).
3. Accordingly, a motion to…
2Cases cited4 opinions
- Brunswick & Western Railway Co. v. ClemSupreme Court of Georgia · 1888
- Cuesta v. GoldsmithCourt of Appeals of Georgia · 1907
- Pittsburgh & W. Ry. Co. v. ThompsonCourt of Appeals for the Sixth Circuit · 1897
- Bowers v. StateSupreme Court of Georgia · 1910
3Cited by6 opinions
- Ferguson v. GeorgiaSupreme Court of the United States · 1961
- Ambles v. StateSupreme Court of Georgia · 1989
- Weldon v. StateCourt of Appeals of Georgia · 1917
- Whitus v. StateSupreme Court of Georgia · 1966
- Bonner v. StateCourt of Appeals of Georgia · 1939
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