People v. Jackson

Defendant was convicted, in a nonjury trial, of violating section 288 of the Penal Code. The lewd and lascivious acts of which he was convicted were committed upon the body of his 8½-year-old daughter.

The only question here raised is whether the trial court abused its discretion in permitting the child to testify. Relying upon People v. Bernal, 10 Cal. 66, appellant contends that the witness did not appreciate the “nature, obligation and solemnity of an oath.” Section 1880, Code of Civil Procedure, provides that children under 10 years of age cannot be witnesses if they “appear incapable of…