Frasier v. State
| Decision Date | 14 April 1915 |
| Docket Number | 280. |
| Parties | FRASIER v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
The competency of a witness to testify must be decided by the court. Civ. Code 1910, § 5856.
Children who do not understand the nature of an oath are incompetent witnesses. Civ. Code 1910, § 5862.
The court must, by examination, decide upon the capacity of one offered as a witness, and objected to as incompetent on account of childhood, so far as to determine whether the witness shall be allowed to testify. His determination of this preliminary question will not be reversed, unless plainly erroneous. Civ. Code 1910, §§ 5865, 5866; Young v. State, 125 Ga. 584, 54 S.E. 82; Richardson v State, 141 Ga. 782, 82 S.E. 134.
Where a female child eight years of age was offered as a witness for the state in a criminal case, and objection was raised on the ground that she was incompetent to testify, if after a preliminary examination by the court she was properly allowed to testify, it was not error injurious to the defendant, and furnishing cause for a new trial on his behalf, that the court remarked: When the court allowed the witness to testify, this was a ruling as to her competency to do so, and the expression that he thought her "prima facie competent" did not alter the fact that she was held competent.
Although after a preliminary examination, the court may hold a child competent to testify, the credibility of the witness is for the jury; and in determining whether or not they will credit the testimony of such witness, the age of the witness and his understanding or lack of understanding as to the nature of an oath, as developed on the examination before them, are matters for the consideration of the jury. Young v State, 122 Ga. 725, 50 S.E. 996.
(a) One of the grounds of the motion for new trial complains of the following charge to the jury: ...
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State v. Oliver, 75893
...competency to testify, for it is ultimately the jury which must decide what credit to place on that testimony. See Frasier v. State, 143 Ga. 322(5), 85 S.E. 124 (1915); Young v. State, 122 Ga. 725(1), 50 S.E. 996 (1905). However, any evidence concerning the child's understanding of the oath......
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Stonaker v. State
...specifically whether the child understood the nature of an oath, the examination was sufficient to determine that she did. Frasier v. State, 143 Ga. 322, 85 S.E. 124; Ruff v. State, 132 Ga.App. 568, 208 S.E.2d 581, and cases cited in Division 2 thereof. The case of Warthen v. State, 11 Ga.A......
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State v. Butler
...the child was molested by the accused. Credibility is a jury question, OCGA § 24-9-80, even when the witness is a child. Frasier v. State, 143 Ga. 322, 85 S.E. 124 (1915). Furthermore, "[a] party may not bolster his opinion as to the ultimate issue with expert testimony when the jury could ......
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Independent Life & Acc. Ins. Co. v. Thornton, 38244
...Though the court determines whether a child is competent to testify, the credibility of the witness is for the jury. Frasier v. State, 143 Ga. 322, 85 S.E. 124; Schamroth v. State, 84 Ga.App. 580, 66 S.E.2d 413. Also, the jury was authorized to consider the witness's relationship with one o......