Davidson v. State
| Decision Date | 01 January 1873 |
| Citation | 39 Tex. 129 |
| Parties | NED DAVIDSON v. THE STATE. |
| Court | Texas Supreme Court |
OPINION TEXT STARTS HERE
1. The admission of a child's evidence, after an examination on voir dire, rests in the sound discretion of the district judge trying the cause.
2. A child of ten years who, upon examination on voir dire, said “that she did not know what God and the laws of the country would do to her if she swore falsely, but that she would tell the truth,” is not thereby disqualified from testifying.
APPEAL from San Jacinto. Tried below before the Hon. James R. Burnett.
Wm. Alexander, Attorney General, for the state.
This case was not briefed, either by the appellant or the attorney general, and the only question raised upon the record is as to the admissibility of the evidence of Rena Edwards, the female child upon whom the appellant is charged with making an assault to commit a rape. The appellant's counsel on the voir dire, asked the witness what would become of her if she swore to a lie. Her answer was, she did not know; and she further answered she did not know what God or the laws of the country would do to her if she swore falsely, but that she would tell the truth.
Older and wiser persons might have answered these questions in the same manner...
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