Commonwealth v. Mullins
Massachusetts Supreme Judicial Court
Indictment for manslaughter, by striking the deceased upon the head with a stone. At the trial in the superior court, before Wilkinson, J., Mary Jane Perry, a girl twelve years of age, was called as a witness on the part of the Commonwealth, and was objected to as incompetent. The judge asked her if she knew the consequences of testifying what was untrue. She replied that God would punish her. She was then asked if there would be any punishment in this world, by human laws.
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Indictment for manslaughter, by striking the deceased upon the head with a stone. At the trial in the superior court, before Wilkinson, J., Mary Jane Perry, a girl twelve years of age, was called as a witness on the part of the Commonwealth, and was objected to as incompetent. The judge asked her if she knew the consequences of testifying what was untrue. She replied that God would punish her. She was then asked if there would be any punishment in this world, by human laws. She replied that she did not know. She was further inquired of by the judge as to her education and knowledge, and he…
1Opinion of the CourtDbwev, J.
The witness Mary Jane Perry being only twelve years of age, it was a proper case for the court to inquire as to her competency in reference to her understanding of the nature of an oath, and her responsibility to the Supreme Being, for not testifying to the truth. So far as regards the latter, the answer of the witness was certainly full and satisfactory. It is the nature of the oath as a religious obligation and solemn appeal to God, that is the principal subject of inquiry when an examination of this character is made. To answer this inquiry properly will of course require that the witness…
2Cited by4 opinions
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