Legal Opinion

Clark ex rel. School Fund of Boone County v. Finnegan

Supreme Court of Iowa

Decided June 14, 1905PublishedCited by 5 opinions

Appeal from Boone District Oourt.— HoN. W. D. EvaNS, Judge. Suit to recover a penalty for tbe sale of liquor to a minor. Verdict and judgment for tbe plaintiff. Tbe defendants appeal.

1Opinion of the CourtSheewiN, C. J.

Tbe single question, for determination in this case is whether Joseph Clark, a boy seven years of age, was a competent witness against tbe defendants. He was sworn, and stated to tbe court that be understood that be was to tell tbe truth, whereupon bis testimony was received without objection. There is no particular age at which a child becomes competent as a witness. The statute fixes no age, and requires only that the witness have sufficient capacity to understand the obligation of an oath. Code, section 4601. A child of sufficient maturity and intelligence to receive correct impressions…

2Cases cited7 opinions

  1. Wheeler v. United StatesSupreme Court of the United States · 1895
  2. State v. KingSupreme Court of Iowa · 1902
  3. State v. JuneauWisconsin Supreme Court · 1894
  4. Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1896
  5. People v. BernalCalifornia Supreme Court · 1858

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Camp v. City of DavenportSupreme Court of Iowa · 1911
  2. Andre v. City of BurlingtonSupreme Court of Iowa · 1908
  3. St. Peter v. Iowa Telephone Co.Supreme Court of Iowa · 1911
  4. State v. YatesSupreme Court of Iowa · 1917
  5. People v. HardenCalifornia Court of Appeal · 1914

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