State v. Smith

Citations

• 95 Wash. 271
• 163 P. 759
• 1917 Wash. LEXIS 796

Syllabus

<p>Witnesses — Competency—Age op Witness. Under Rem. Code, § 1213, providing that children under ten years of age are competent to testify if they appear capable of receiving just impressions and relating them truly, the capacity of a witness of the age of eight years is a question for the trial court, and no abuse of discretion is shown in receiving her evidence where she evidenced her intelligence and competency by an understanding of the oath and that it was wrong to tell lies.</p> <p>Same. Such a child is not shown to be incompetent by the fact that her story was improbable and that she was more or less embarrassed and confused in detailing it.</p> <p>Rape — Evidence—Sufficiency. A prosecution for the rape of a child eight years of age is sustained, notwithstanding her story is. inherently improbable and uncorroborated, where she told a straightforward story substantially proving every allegation, and the accused lived with the child’s mother under suspicious circumstances.</p> <p>Criminal Law — Appeal—Exceptions — Review. In a criminal case, error cannot be assigned upon instructions to which no exceptions were taken, especially where it does not appear that the accused was thereby deprived of a fair trial.</p> <p>Criminal Law — Appeal. An accused in a criminal case is not entitled to a new trial for infringement of the constitutional right to have competent counsel except in case of neglect or gross ignorance.</p> <p>Parker, J., dissents.</p>