Holcomb v. Holcomb
Supreme Court of Connecticut
Trespass, for an assault and battery. On the trial to the jury the plaintiff offered one Josiah Terrill as a witness, to whom no objection was made, who testified that he was an eye-witness of the transaction, and made a statement of what he saw.
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Trespass, for an assault and battery. On the trial to the jury the plaintiff offered one Josiah Terrill as a witness, to whom no objection was made, who testified that he was an eye-witness of the transaction, and made a statement of what he saw. After the testimony of the plaintiff was closed, the defendants offered evidence to show that Terrill had given statements of *the transaction at various times, out of court, con- [ *178 ] tradictory to his testimony in court, and in connection therewith, offered the testimony of his son, and of sundry other witnesses who had long been acquainted…
1Opinion of the CourtWaldo, J.
There can be no doubt that a person should be excluded from giving evidence who is insane at the time he is offered as a witness. The reason of this rule is, that the mind of such a person is not in a fit condition to be properly impressed with the nature and obligation of an oath. But a lunatic or monomaniac may be sworn, and may testifyj if at the time he can apprehend and appreciate the religious sanction of the obligation he is required to take. The question of competency is for the court, and must be settled before the witness is sworn. *147The state of a person’s mind in this respect may be…
2Cases cited1 opinion
- Evans v. HettichSupreme Court of the United States · 1822
3Cited by29 opinions
- State v. PiskorskiSupreme Court of Connecticut · 1979
- State v. EspositoSupreme Court of Connecticut · 1984
- Commonwealth v. WareSupreme Court of Pennsylvania · 1974
- Taborsky v. StateSupreme Court of Connecticut · 1955
- Facey v. MerkleSupreme Court of Connecticut · 1959
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