Commonwealth v. Furman
Supreme Court of Pennsylvania
Appeal, No. 20, Jan., T., 1905, by defendant, from judgment of 0. & T. Lancaster Co., Aug., T., 1904, No. 13, on verdict of guilty of murder of the first degree in case of Commonwealth v. Lee Furman and John O’Brien. Indictment for murder. Before Landis, J. At the trial Elmer Eshleman, a boy eight years old, was called by the commonwealth, and examined as follows: The Court: “ Q. Where do you go to school ? A. Down along the pike there.
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Appeal, No. 20, Jan., T., 1905, by defendant, from judgment of 0. & T. Lancaster Co., Aug., T., 1904, No. 13, on verdict of guilty of murder of the first degree in case of Commonwealth v. Lee Furman and John O’Brien. Indictment for murder. Before Landis, J. At the trial Elmer Eshleman, a boy eight years old, was called by the commonwealth, and examined as follows: The Court: “ Q. Where do you go to school ? A. Down along the pike there. Q. Whereabouts? Down near the tollgate? A. Yes. Q. Thatschoolhouse? A. Yes. Q. How long have you been going to school? A. Three years. Q. Can you read? A.…
1Opinion of the Court
Per Curiam,
No question is raised by this appeal as to the guilt of the prisoner, or the justice and propriety of his conviction; The single assignment of error is to the admission as a witness of a boy of eight years whose testimony was not material to the establishment of the prisoner’s guilt and had no practical bearing on it. The objection raises no more than a question of technical error in theoretical law.
The substantial test of the competency of an infant witness is his intelligence, and his comprehension of an obligation to tell the truth. The truth is what the law, under the rules of…
2Cited by8 opinions
- Rosche v. McCoySupreme Court of Pennsylvania · 1959
- Commonwealth v. AllabaughSuperior Court of Pennsylvania · 1948
- Piepke v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1913
- Commonwealth v. TroySupreme Court of Pennsylvania · 1922
- Commonwealth v. PaytonSuperior Court of Pennsylvania · 1978
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