People v. Welsh

The defendant was twice tried for the offense of which he was ultimately convicted. The first trial resulted in a disagreement of the jury. On that trial a child of the age of nine years, after having been preliminarily examined as to his competency as a witness, was found to be competent and testified. On the second trial he was permitted, against the objection of the defendant, to testify without having been then examined as to his competency; but at the close of his testimony and before he had left the witness stand, the court, in the presence of the jury and the defendant, again examined…