McKelton v. State
| Decision Date | 13 December 1889 |
| Citation | 7 So. 38,88 Ala. 181 |
| Parties | MCKELTON v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court Tuscaloosa county; S. H. SPROTT, Judge.
Defendant, Charly McKelton, was indicted for burglary, and, being convicted, he appeals.
W. L. Martin, Atty. Gen., for the state.
On the trial below the defendant objected to the examination of one Henry Williams as a witness against him, on the ground of incapacity. Being examined by the court, the witness testified as follows: On this showing as to the capacity of the witness, the court allowed him to testify, and the defendant duly excepted.
We think this ruling of the court erroneous. The rule is that persons who have no comprehension of the nature and obligation of an oath, and are incapable of appreciating their responsibility for its violation, should not be admitted as witnesses; and this without regard to the cause from which the defect has arisen, and hence without reference to the age of the witness. The witness Williams, though he had attained an age at which the mind is usually sufficiently developed to understand the sanctity of an oath, and to know the consequences of false-swearing, clearly did not have the requisite capacity. 1 Greenl. Ev. §§ 365-367; State v. Morea, 2 Ala. 275; Carter v. State, 63 Ala. 52; Beason v. State, 72 Ala. 191; Wade v. State, 50 Ala. 164; McGuff v. State, 88 Ala. ---, ante, 35.
The judgment of the circuit court is reversed, and the cause remanded.
To continue reading
Request your trial
-
Pruitt v. State, 8 Div. 692
... ... And to ... the same effect is Berry v. State, 9 Ga.App. 868, 72 ... S.E. 433, 434 ... In ... White v. State, 136 Ala. 58, 66, 67, 34 So. 177, ... 180, observation of the rule here pertinent is made as ... "As ... was said in McKelton v. State, 88 Ala. 181, 7 So ... 38: 'The rule is that persons who have no comprehension ... of the nature and obligation of an oath, and are incapable ... of appreciating their responsibility for its violation, ... should not be admitted as witnesses; and this without ... regard to the cause ... ...
-
Noble v. State
...ignorance of the existence of a Supreme Being, 'the rewarder of truth and the avenger of falsehood.'' To the same effect of McKelton v. State, 88 Ala. 181, 7 So. 38. In the case of McGuff v. State, 88 Ala. 147, 7 So. 35, 16 Am.St.Rep. 25, the Court held that a girl seven years old was compe......
-
Davenport v. King Electric Company
...sec. 367, p. 505; 7 Ency. of Ev., p. 272; Elliott on Ev., sec. 767, p. 85; 1 Rice on Ev., p. 539; State v. Doyle, 107 Mo. 42; McKelton v. State, 88 Ala. 181; State Nelson, 132 Mo. 184; Cadmus v. St. Louis B. Co., 15 Mo.App. 286. (3) Defendant was entitled to an examination of plaintiff (who......
-
Crosby v. State
...he knows that it is wrong to lie, but does not know what will be done with him if he does, has not the requisite capacity for a witness. 88 Ala. 181; 72 Ala. 191; 24 S.C. 185. confession of appellant was improperly admitted as evidence. 84 Ala. 430; 12 Cyc. 466. Hal L. Norwood, Attorney Gen......