 | Electronic journals - 1904 - 898 pages
...exceptions we find: "i. Those of unsound mind at the time of their production for examination. "2. Children under ten years of age, who appear incapable...which they, are examined or of relating them truly." Hill's Annotated Laws of Oregon, Sees. 710. 711. Sec also other similar statutes cited in appendix.... | |
 | Law reports, digests, etc - 1904 - 1402 pages
...mind. Discretion of court, tee ante, { 98. [a] (Kan. 1894) Cir. Code, 5 323. subd. 2, provides that "children under ten years of age who appear incapable...which they are examined or of relating them truly" are incompetent as witnesses. Held, that the competency of a girl nine years of age might be determined... | |
 | California - Law reports, digests, etc - 1907 - 908 pages
...201204. {27. Exceptions and Review. [a] Under Code of Civil Procedure, section 1SSO, declaring that "children under ten years of age, who appear incapable...which they are examined, or of relating them truly," cannot be witnesses, the determination of the judge as to the competency of such witness is not reviewable.... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1909 - 940 pages
...witness under the provisions of section 1880 of the Code of Civil Procedure. That section declares that "children under ten years of age, who appear incapable...which they are examined, or of relating them truly," cannot be witnesses. It appears that the witness at the time the offense is alleged to have been perpetrated... | |
 | Oklahoma. Criminal Court of Appeals - Criminal law - 1918 - 774 pages
...follows (section 5050, Rev. Laws 1910) : "The following persons shall be incompetent to testify. * * * 2. Children under ten years of age, who appear incapable...which they are examined, or of relating them truly." It is apparent from the reading of the above statute that the question of the competency of a witness... | |
 | Nebraska - Law - 1909 - 1386 pages
...: FIRST — Persons of unsound mind at the time of their production. SECOND — Indians and negroes who 'appear incapable of receiving just impressions...respecting which they are examined, or of relating them intelligently and truly. THIRD— Husband and wife, concerning any communication made by one to the... | |
 | California - Civil procedure - 1909 - 1194 pages
...examination. Second. Children under ten years of age, who, in the opinion of the court, appear incapahle of receiving just impressions of the facts respecting...which they are examined, or of relating them truly. Third. Mongolians, Chinese, or Indians, or persons having one half or more of Indian hlood, in an action... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1909 - 1232 pages
...Foster v. Honan, 22 Ind. App. 252, 53 NE 667. In California, Kansas, and Missouri, children under ten who appear incapable of receiving just impressions of the facts respecting which they are examined are incompetent as witness, but as in Indiana, they are not precluded from testifying if, upon examination,... | |
 | William Angus Sutherland - Civil procedure - 1910 - 1052 pages
...be witnesses: 1. Those who are of unsound mind at the time of their production for examination; 2. Children under ten years of age who appear incapable...impressions of the facts respecting which they are 12« Münz т. Salt Lake City B. Co., i« Cal. Code Civ. Proc., Í 1881, 25 Utah, 220, 70 Рас. 852;... | |
 | Law reports, digests, etc - 1910 - 1294 pages
...a competent witness in all cases, civil and criminal. Among the exceptions are "Indians and negroes who appear incapable of receiving just Impressions...respecting which they are examined, or of relating them intelligently and truly." We are not inclined to adopt the reasoning of the California court that the... | |
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Children under ten years of age, who appear incapable of receiving just impressions of the facts respecting which they are ex-amined, or of relating them truly. 
