Republic of Hawaii v. Ah Wong

OPINION OP THE COURT BY

WHITING, J.

Tlie defendant was indicted, tried and convicted of the crime of rape on a girl of the age of 5 years, in the First Circuit Court, November term, 1895, and the case is brought to us on defendant’s bill of exceptions.

The principal exception is to the competency of the prosecuting witness, Aimoku, a girl of the age of five years.

The authorities in the United States and England have repeatedly sustained the competency of witnesses of five to seven years of age, and permitted them to make oath or affirm, although such witnesses could not be convicted of perjury,…