Commonwealth v. Hutchinson

The Court

put sundry questions to him, in order to ascertain the measure of his understanding and moral sense, to most of which he gave rational and pertinent answers.

The Court then observed that the ancient rule of the common law was, that no witness should be sworn who was under nine years of age; but, by later opinions, and the settled law at present, if an infant appear, on examination by the court, to possess a sufficient sense of the wickedness and danger of false swearing, he may be sworn, although of never so tender an age. (a) The credit of the witness, which is greatly impaired by…