People v. Bernal

Citations

• 10 Cal. 66
• 1858 Cal. LEXIS 189

Syllabus

<p>There is no precise age within which, children are excluded from giving testimony. Their competency is to be determined, not by their age, but by the degree of their understanding and knowledge.</p> <p>It is essential that they should possess sufficient intelligence to receive just impressions of the facts respecting which they are examined, sufficient capacity to relate them correctly, and sufficient instruction to appreciate the nature and obligation of an oath.</p> <p>It is for the Court to decide the question of their competency, when they are offered as witnesses.</p> <p>If over fourteen years of age, the presumption is that they possess the requisite knowledge and understanding 3 but, if under that age, the presumption is otherwise, and it must be removed upon their examination by the Court, or under its direction and in its presence, before they can be sworn.</p>