Legal Opinion

Webster v. Peyton

District Court, E.D. Virginia

Decided December 12, 1968No. Misc. No. 6557-NPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM ORDER

KELLAM, District Judge.

Petitioner asserts that at his trial before the Court without a jury in the Corporation Court of Norfolk, Virginia, upon charges of (1) rape and (2) malicious wounding, “he was denied due process of law by the admission into evidence of the testimony of a witness whose testimony was incompetent” because it was not shown she understood “the meaning or consequence of an oath, whose testimony was contradictory and inherently incredible, and whose testimony was * * * partly founded upon the prompting and coaching of others.” The record and transcript of the…

2Cases cited14 opinions

  1. Robert J. Grundler and Joseph L. Jelly v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1960
  2. Wheeler v. United StatesSupreme Court of the United States · 1895
  3. Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
  4. Mellott Faust v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1962
  5. Cross v. CommonwealthSupreme Court of Virginia · 1953

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3Cited by1 opinion

  1. State v. GreenSupreme Court of South Carolina · 1976

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