ONCALL
...Evidence
......Competency of Witnesses
3 Cards On This Topic:
  • Insufficient evidence supported the implied finding that 13-yr.-old had the capacity to understand the wrongfulness of bringing a knife onto school property.
  • Despite gaps in his memory, five-year-old was properly found competent to testify at D's murder trial.
  • Children were competent to testify under EC §701; hearing to demonstrate children's personal knowledge under EC §702 was not required.