State v. . Edwards
Supreme Court of North Carolina
INDICTMENT for Murder tried at Spring Term, 1878, of JohnstoN Superior Court, before Seymour, J. The prisoner was charged with the killing of Kader J. Ballard, and that part of the case applicable to the points-decided, is:— The first witness for the State was Ella Ballard, a daughter of the deceased, aged at the time of the- trial six and a. half years.
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INDICTMENT for Murder tried at Spring Term, 1878, of JohnstoN Superior Court, before Seymour, J. The prisoner was charged with the killing of Kader J. Ballard, and that part of the case applicable to the points-decided, is:— The first witness for the State was Ella Ballard, a daughter of the deceased, aged at the time of the- trial six and a. half years. The presiding Judge examined this witness on the question of competency on the second day of the termr and being then of opinion that she had not sufficient religious instruction, advised the Solicitor not to send her before the grand jury. A…
1Opinion of the CourtReabe, J.
Formerly the age at which infants might be examined as witnesses was almost arbitrary. They were not regularly admissible under fourteen, subject to exceptions. At one time it was a general rule that none could be admitted under nine years, very few under ten. Gilb. Ev. 144; 1 Hale P. C. 302; 2 Ib. 278; 1 Phil. Ev. But of .late years since the means and opportunities for the early cultivation of the intellect have multiplied, a more reasonable rule has been adopted, and age is not the test, but the degree of understanding which they possess, including their moral and religious culture. 1…
2Cases cited1 opinion
- State v. . ManuelSupreme Court of North Carolina · 1870
3Cited by17 opinions
- Wheeler v. United StatesSupreme Court of the United States · 1895
- Uthermohlen v. Bogg's Run Co.West Virginia Supreme Court · 1901
- State v. . MerrickSupreme Court of North Carolina · 1916
- State v. . SatterfieldSupreme Court of North Carolina · 1934
- Commonwealth v. ReaganMassachusetts Supreme Judicial Court · 1900
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