Bell v. State

James Jones, a bojr nine years of age, was offered as a witness for the State. Counsel for the defendant objected to this witness being permitted to testify, on the ground that he was incompetent, because of his infancy. After the witness had been examined as to his competency, the court overruled the objection to his being allowed to testify, and in overruling the objection stated that “the jury passes on all of that,” and then addressed the jury as follows: “You have heard the witness examined. He was examined in your presence, in order that you *295might observe his manner and hear his…