State v. Levy
Supreme Court of Minnesota
The defendant was tried in the district court for Winona county, before Mitchell, J., on October 14, 1875, on an indictment for the larceny of $700, the property of one Wright.
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The defendant was tried in the district court for Winona county, before Mitchell, J., on October 14, 1875, on an indictment for the larceny of $700, the property of one Wright. The latter, being called as a witness, testified that he was an insurance agent, and that early in the morning of September 14, 1874, he visited the shop of defendant, in which a great variety of goods was kept for sale, to advise him of the expiration of his insurance policy; that he then had in his pocket the money alleged to have been stolen, which consisted of bank-notes and treasury-notes, in a package enclosed in…
1Opinion of the Court
Gileillan, C. <T>
When a witness is objected to, on the ground that he or she is incompetent by reason of nonage or want of intelligence, it is the province of the trial ■court to determine the witness’ competency, and its decision cannot be reviewed unless there is a clear abuse of discretion, or the court admits or rejects the witness upon an •erroneous view of a legal principle. Com. v. Mullins, 2 Allen, 295 ; Com. v. Hills, 10 Cush. 530.
No question seenls to have been made as to the witness Minnie Bohn’s capacity to receive just impressions respecting the facts upon which she was to bo…
2Cited by11 opinions
- State v. NorgaardSupreme Court of Minnesota · 1965
- State v. CermakSupreme Court of Minnesota · 1984
- State Ex Rel. Dugal v. TahashSupreme Court of Minnesota · 1967
- State v. JacksonOregon Supreme Court · 1881
- Ellington v. Great Northern Railway Co.Supreme Court of Minnesota · 1904
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