Bennett v. State
Bennett v. State
Opinion of the Court
Defendant was convicted of theft by taking.
The only error enumerated is the trial court’s failure to conduct a preliminary examination on the question of the competency of a witness for the state who was age 13 at the time of trial. When called, the defendant’s counsel stated: "Your Honor, I make an objection at this time due to the age of the witness. I think the court should have a hearing on his competence.” The trial judge denied the request stating that at age 13 he did not believe a hearing was necessary. Neither side questioned the witness on this issue. Held:
Code § 38-1607 declares that children who do not understand the nature of an oath shall be incompetent witnesses. Code § 38-1610 provides: "The court shall, by examination, decide upon the capacity of one alleged to be incompetent from idiocy, lunacy, or insanity, or
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.