United States v. Parker

In my opinion, the majority err by not recognizing the true nature of the issue before us. We: are not dealing with a matter going to the accused’s guilt or innocence, but with the collateral and preliminary question of the competency of a witness.1

Determining-the competency of a witness is a question of law for the trial judge. He is “not bound by the ordinary rules of evidence applicable to evidence offered” on the merits. Wigmore, Evidence, 3d ed, § 487. For example, hearsay evidence is competent on the question of the unavailability of a witness as a predicate for admission of his…