State v. Juneau
Wisconsin Supreme Court
Reposted from the Circuit Court for Langlade County. The report is made under sec. 4721, R. S., and is as follows: “At the September term, 1893, of the above court, the above-named defendant, Andrew Juneau, was convicted ■of ‘ open and gross lewdness and lascivious behavior,’ under the provisions of sec. 4579, R. S. The offense was alleged to have been committed on the 14th day of December, 1892, in a building occupied by the defendant; no one being present at the time…
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Reposted from the Circuit Court for Langlade County. The report is made under sec. 4721, R. S., and is as follows: “At the September term, 1893, of the above court, the above-named defendant, Andrew Juneau, was convicted ■of ‘ open and gross lewdness and lascivious behavior,’ under the provisions of sec. 4579, R. S. The offense was alleged to have been committed on the 14th day of December, 1892, in a building occupied by the defendant; no one being present at the time except the defendant and a little girl named Clara Brown, who was at that time about four years and nine months old, and who…
1Opinion of the CourtNewman, J.
It seems to be the settled law that, after four years of age, a child is not incompetent to testify as a witness by reason of any rule of law which excludes him. Whether a child above that age is competent to testify depends upon his intelligence, which is to be determined by the trial court by examination of the child in court. The question is addressed to the discretion of the trial court. Its determination on such examination is final, except in a clear case of the abuse of its discretion. “ It may be regarded as well settled that whenever there is intelligence enough to observe and to…
2Cases cited12 opinions
- Commonwealth v. WardellMassachusetts Supreme Judicial Court · 1880
- State v. MillardSupreme Court of Vermont · 1846
- State v. MoreaSupreme Court of Alabama · 1841
- Wade v. StateSupreme Court of Alabama · 1874
- People v. BernalCalifornia Supreme Court · 1858
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. KingSupreme Court of Iowa · 1902
- Lujan v. State, Texas Court of Appeals, 4th District (San Antonio)1982
- State v. CrouchSupreme Court of Iowa · 1906
- Collier v. StateWisconsin Supreme Court · 1966
- Tyrrel v. StateIndiana Supreme Court · 1912
21 more not listed; retrieve them via the Exa API.