Stoppick v. Goldstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, David Goldstein and another, from a judgment of the County Court of Kings county, entered in the office of the clerk of said county on the 4th day of April, 1916, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the same day, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Per Curiam :
By the Code of Criminal Procedure, section 392 (as amd. by Laws of 1892, chap. 279), children actually or apparently under the age of twelve years may testify in special cases without taking an oath; but such evidence is not sufficient to convict, unless corroborated or supported. This, however, is only applicable to criminal cases. No such exception was known to the common law. (See Cent. Dig. “Witnesses,” §§ 97, 98.)
Although our Code of Civil Procedure (§ 850) provides for a preliminary examination of an infant to ascertain his capacity and the extent of his knowledge, this does…
2Cases cited2 opinions
- Gehl v. Bachmann-Bechtel Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Neustadt v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907
3Cited by12 opinions
- Napiearlski v. PickeringAppellate Division of the Supreme Court of the State of New York · 1951
- Max v. Brookhaven Development Corp.Appellate Division of the Supreme Court of the State of New York · 1941
- Michel v. SemerAppellate Division of the Supreme Court of the State of New York · 1923
- Palmieri v. Salsimo Realty Co.New York Supreme Court · 1952
- Clarke v. Steeplechase Amusement Co.Appellate Terms of the Supreme Court of New York · 1957
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