State v. May
Supreme Court of Connecticut
Information charging the carnal knowledge and abuse of a female child under the age of sixteen, brought to the Superior Court in New London County and tried to the jury before Qase, J.; verdict and judgment of guilty of an assault with intent to carnally know and abuse, and appeal by the accused. The child as to whom the abuse was charged, became six years of age two days before she was sworn as a witness.
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Information charging the carnal knowledge and abuse of a female child under the age of sixteen, brought to the Superior Court in New London County and tried to the jury before Qase, J.; verdict and judgment of guilty of an assault with intent to carnally know and abuse, and appeal by the accused. The child as to whom the abuse was charged, became six years of age two days before she was sworn as a witness. When she was offered as a witness by the State, objection was made by counsel for the accused that she was not competent to testify because of her age. She was thereupon, and in the absence…
1Opinion of the CourtBaldwin, J.
But one reason of appeal is assigned, namely, that the court erred in ruling on the preliminary examination cf.the child that she understood the nature of an oath and that she was competent to testify as a witness. The finding shows that this reason is without foundation. Holcomb v. Holcomb, 28 Conn. 177; Wheeler v. United States, 159 U. S. 523, 16 Sup. Ct. Rep. 93.
On the argument before us another point was pressed, namely, that it appears from the transcript of the stenog rapher’s notes that'the court did not pass upon the competency of the child to be a witness before admitting her to…
2Cases cited2 opinions
- Wheeler v. United StatesSupreme Court of the United States · 1895
- Holcomb v. HolcombSupreme Court of Connecticut · 1859
3Cited by6 opinions
- Ruocco v. LogioccoSupreme Court of Connecticut · 1926
- St. Louis, B. & M. Ry. Co. v. PriceTexas Commission of Appeals · 1925
- Carnegie v. Great Northern Railway Co.Supreme Court of Minnesota · 1914
- Kuczon v. TomkieviczSupreme Court of Connecticut · 1924
- Britton v. DubeSupreme Judicial Court of Maine · 1958
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