Rogers v. State
Court of Appeals of Georgia
Indictment for assault with intent to rape; from Baldwin superior court — Judge J. B. Park. August 16, 1912. The child referred to in the decision testified, in reply to questions on preliminary examination, that she had been to school and tc Sunday school, and could read in her “A B C book,” that to hold up her hand 'and swear meant to tell the truth, that swearing in the court-house meant to tell the truth, and that persons who tell lies “gc to the bad place;” that God…
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Indictment for assault with intent to rape; from Baldwin superior court — Judge J. B. Park. August 16, 1912. The child referred to in the decision testified, in reply to questions on preliminary examination, that she had been to school and tc Sunday school, and could read in her “A B C book,” that to hold up her hand 'and swear meant to tell the truth, that swearing in the court-house meant to tell the truth, and that persons who tell lies “gc to the bad place;” that God made her, and God is a “Christian spirit;” that an oath is “a piece of paper;” that she did not know anything about an…
1Opinion of the CourtHill, C. J.
1. Where a child seven -years of age is offered as a witness, and the objection is made that the child is of such tender years as not to understand the nature and character of an oath, and the trial judge thereupon makes a preliminary examination in order to test the competency of the child, and after such examination holds that the child is competent as a witness, this court will not interfere with the discretion of the trial judge, unless such discretion has been flagrantly abused. In the present case there was no abuse of discretion. Webb v. State, 7 Ga. App. 35 (66 S. E. 27) ; Beebee v.…
2Cases cited3 opinions
- Minton v. StateSupreme Court of Georgia · 1896
- Beebee v. StateSupreme Court of Georgia · 1906
- Webb v. StateCourt of Appeals of Georgia · 1909
3Cited by7 opinions
- Curtis v. StateCourt of Appeals of Georgia · 1960
- Hill v. StynchcombeSupreme Court of Georgia · 1969
- Vickery v. StateCourt of Appeals of Georgia · 1934
- Lee v. StateCourt of Appeals of Georgia · 1963
- Kenimer v. State Ex Rel. WebbCourt of Appeals of Georgia · 1950
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