Legal Opinion

State v. Beckner

Supreme Court of Iowa

Decided May 13, 1924PublishedCited by 12 opinions

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

  1. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  2. People ex rel. Cant v. CrossleyIllinois Supreme Court · 1913
  3. Culver v. People ex rel. KocherspergerIllinois Supreme Court · 1896
  4. State v. HurdSupreme Court of Iowa · 1897
  5. State v. BrandenbergerSupreme Court of Iowa · 1911

33 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Hassett v. WelchSupreme Court of the United States · 1938
  2. State v. BensonSupreme Court of Iowa · 1941
  3. State v. SteltzerSupreme Court of Iowa · 1980
  4. State v. JohnsonSupreme Court of Iowa · 1936
  5. State v. JirakCourt of Appeals of Iowa · 1992

7 more not listed; retrieve them via the Exa API.

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