People v. Bernal
California Supreme Court
Appeal from the Court of Sessions of the County of Santa Clara. The facts appear in the opinion of the Court.
1ConcurrenceTerry, C. J.
The defendant was indicted and convicted of the crime of rape, committed upon the person of a child of the age. of eight years. On the trial, the Court below permitted, against the objection of the defendant, the child to be sworn and to testify for the prosecution without any preliminary examination as to her competency.
There is no precise age within which children are excluded from testifying. Their competency is to be determined, not by their age, but by the degree of their understanding and know!*67edge. It is essential that they should possess sufficient intelligence to receive just…
2Cases cited2 opinions
- Jackson ex dem. Tuttle v. GridleyNew York Supreme Court · 1820
- Commonwealth v. HutchinsonMassachusetts Supreme Judicial Court · 1813
3Cited by18 opinions
- State v. KingSupreme Court of Iowa · 1902
- People v. SwistCalifornia Supreme Court · 1902
- Commonwealth v. ReaganMassachusetts Supreme Judicial Court · 1900
- People v. DelaneyCalifornia Court of Appeal · 1921
- State v. JuneauWisconsin Supreme Court · 1894
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