State v. Beckner
Supreme Court of Iowa
Appeal frdm Fayette District Court. — W. J. Springer, Judge. The defendant was convicted of tbe crime of having carnal knowledge of a female naturally of imbecility of mind.—
1Opinion of the CourtFaville, J.
I. The appellant challenges the competency of the prosecuting witness.
*1254i witnesses * competency: waiver of mcom-peteney. *1253The question of the competency of a witness is one for the *1254court, and may be determined by examining him on his voir dire, or by extrinsic evidence. James v. Fairall, 168 Iowa 427; Campbell v. Campbell, 130 Ill. 466 (22 N. E. 620); State v. Crouch, 130 Iowa 478.
Code Section 4601 provides:
“Every human being of sufficient capacity to understand the obligation of an oath is a competent witness in all cases, except as otherwise declared.”
No objection was made at the time the…
2Cases cited38 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- People ex rel. Cant v. CrossleyIllinois Supreme Court · 1913
- Culver v. People ex rel. KocherspergerIllinois Supreme Court · 1896
- State v. HurdSupreme Court of Iowa · 1897
- State v. BrandenbergerSupreme Court of Iowa · 1911
33 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hassett v. WelchSupreme Court of the United States · 1938
- State v. BensonSupreme Court of Iowa · 1941
- State v. SteltzerSupreme Court of Iowa · 1980
- State v. JohnsonSupreme Court of Iowa · 1936
- State v. JirakCourt of Appeals of Iowa · 1992
7 more not listed; retrieve them via the Exa API.