State v. Smith

Holcomb, J. —

Appellant was informed against and convicted of the crime of carnal knowledge of a female child under the age of ten years. On this appeal he maintains that the eight-year-old prosecuting witness was not competent to testify because of her tender years, and that the admission of her testimony was error.

Rem. Code, § 1213, provides:

“The following persons shall not be competent to testify:—

“(1) Those who are of unsound mind, or intoxicated at the time of their production for examination; and

“(2) Children under ten years of age who appear incapable of receiving just impressions of…