State v. King

Ladd, O. J. —

1 2 *4873. *486When a child - under 14 years of age is called as a witness, the preliminary inquiry should be directed solely to ascertaining whether sufficient capacity is possessed to understand the obligation of an oath. Above that age every person is presumed, until the contrary appears, to have common discretion and undertanding. No presumption prevails in favor of the competency of one under 14 years of age. Anciently, a child of less than 9 years was conclusively presumed incapable, but all modern decisions seem to declare intelligence, and not age, the proper test. See State v.…