People v. Delaney
California Court of Appeal
APPEAL from a judgment of the Superior Court of Los Angeles County and from an order denying a new trial. Prank R, Willis, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtFinlayson, P. J.
Defendant was convicted under an information charging him with lewd and lascivious conduct upon the body of a boy. At the time of the offense, the child victim was not quite four years old; at the date of the trial he had reached the age of about four years and two months. Defendant appeals from the judgment and an order denying his motion for a new trial.
It is objected that the court erred in permitting the boy to testify as a witness in the case, the claim being that, by reason of his immature years, he was incompetent under section 1880 of the Code of Civil Procedure, subsection 2 whereof…
2Cases cited8 opinions
- In re the Estate of JohnsonCalifornia Supreme Court · 1893
- People v. SwistCalifornia Supreme Court · 1902
- State v. MichaelWest Virginia Supreme Court · 1893
- People v. DunlopCalifornia Court of Appeal · 1915
- Carter v. StateSupreme Court of Alabama · 1879
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3Cited by26 opinions
- Hildreth v. KeyMissouri Court of Appeals · 1960
- Cross v. CommonwealthSupreme Court of Virginia · 1953
- Benjamin v. BenjaminMissouri Court of Appeals · 1963
- State v. OrlandoSupreme Court of Connecticut · 1932
- State v. PhelpsMontana Supreme Court · 1985
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