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" The general rule therefore is that a lunatic or a person affected -with insanity is admissible as a witness if he have sufficient understanding to apprehend the obligation of an oath, and to be capable of giving a correct account of the matters which... "
The American State Reports: Containing the Cases of General Value and ... - Страница 942
аутор(и): - 1893
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Том 103

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1896 - 776 страница
...all cases either Innatic or idiot may be received, if, in the discretion of the court, he appears to have sufficient understanding to apprehend the obligation...of an oath, and to be capable of giving; a correct answer to the questions put. The question of competency is to be determined by the judge trying the...
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Reports of Cases in Criminal Law Argued and Determined in All the ..., Том 5

Edward William Cox - 1853 - 696 страница
...count was bad. Gregory v. The Queen, 252 LOST GOODS. Larceny by taking of, 390 LUNATIC.. A lunatic is admissible as a witness if he have sufficient understanding...matters which he has seen or heard in reference to the question at issue. Wnether he have such sufficient understanding is a question to be determined by...
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The Magisterial Synopsis: Comprising Summary Convictions, and Indictable ...

George Colwell Oke - 1853 - 668 страница
...however the witness can read and write, the questions and answers had better be written down. A lunatic is admissible as a witness if he have sufficient understanding...giving a correct account of the matters which he has eeen or heard in reference to the question at issue ; and the former is a question for the jury (Reg....
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A Treatise on the Criminal Law of the United States, Том 1

Francis Wharton - 1874 - 834 страница
...all cases either lunatic or idiot may be received, if in the discretion of the court he appears to have sufficient understanding to apprehend the obligation...of an oath, and to be capable of giving a correct answer to the questions put. n The question of competency is to be determined by the judge trying the...
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Commentaries on the Laws of England, Том 2

Herbert Broom, Edward Alfred Hadley - 1875 - 858 страница
...now settled that either may be received as a witness, if in the discretion of the court he appears to have sufficient understanding to apprehend the obligation...of an oath, and to be capable of giving a correct answer to the questions put. Kendall v. May, 10 Allen (Mass.), 59 ; Campbell v. Slate, 23 Ala. 44 ;...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Том 66

Virginia. Supreme Court of Appeals - 1875 - 1070 страница
...cases, either an idiot or lunatic may be received, if, in the discretion of the court, he appears to have sufficient understanding to apprehend the obligation of an oath, and to be able to give a correct answer to the questions put. The competency is to be determined by the judge...
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The American Law Times Reports, Том 2

1875 - 788 страница
...cases, either an idiot or lunatic may be received, if, in the discretion of the court, he appears to have sufficient understanding to apprehend the obligation of an oath, and to be able to give a correct answer to the questions put. The competency is to be determined by the judge...
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The American Reports: Containing All Decisions of General Interest ..., Том 18

Isaac Grant Thompson - 1876 - 842 страница
...cases, either an idiot or lunatic may be received, if, in the discretion of the court, he appears to have sufficient understanding to apprehend the obligation of an oath, and to be able to give a correct answer to the questions put. The competency is to be determined by the judge...
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Alienist and Neurologist: A Quarterly Journal of Scientific ..., Том 33

Charles Hamilton Hughes - 1912 - 548 страница
...that he has sufficient understanding to appreciate the obligations of an oath and to be capable to giving a correct account of the matters which he has seen or heard with reference to the account at issue and his credibility is a fact to be determined by the jury.28...
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United States Reports, Supreme Court: Cases Argued and Adjudged in ..., Том 17

United States. Supreme Court - 1883 - 890 страница
...Add. ER 79, 94. The general rule, therefore, is, that a i.unatic or a person affected with insanity is admissible as a witness if he have sufficient understanding...capable of giving a correct account of the matters wbicb he has seen or heard iu reference to the questions at issue ; and whether he have that understanding...
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