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" ... magistrate understand the nature of an oath, the evidence of such child may be received, though not given under oath, if, in the opinion of the court or magistrate, such child is possessed of sufficient intelligence to justify the reception of the... "
The child of the English savage, by the cardinal archbishop of Westminster ... - Page 14
by Henry Edward Manning (card, abp. of Westminster.) - 1886
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The Law Quarterly Review, Volume 6

Frederick Pollock - Law - 1890 - 498 pages
...be trusted, and therefore ought not to be received. He might adopt the view that where a child is ' of sufficient intelligence to justify the reception of the evidence and understands the speaking of truth,' the child's evidence should be received and taken for what it is worth ; this seems...
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The Journal of Jurisprudence and Scottish Law Magazine, Volume 34

Law - 1890 - 692 pages
...he trusted, and therefore ought not to 1* received. He might adopt the view that where a child iq " of sufficient intelligence to justify the reception of the evidence and understands the speaking of truth," the child's evidence should be received and taken for what it is worth : this seems...
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The Law of Evidence

Sidney Lovell Phipson - Evidence (Law) - 1892 - 530 pages
...when the Court is satisfied that such children " do not understand the nature of an oath," but are " possessed of sufficient intelligence to justify the reception of the evidence and to understand the duty of speaking the truth." Such testimony, however, must be corroborated, and is...
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The Code of Criminal Procedure of the State of New York as Amended ...

New York (State) - Criminal procedure - 1892 - 974 pages
...may be received though not given under oath if, in the opinion of the court or magistrate such child is possessed of sufficient intelligence to justify the reception of the evidence. But no person shall be held or convicted of an offense upon such testimony unsupported by other evidence.]...
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The Code of Criminal Procedure and Penal Code of the State of New York: As ...

Criminal law - 1893 - 1170 pages
...may be received though not given under oath if, in the opinion of the court or magistrate such child is possessed of sufficient intelligence to justify the reception of the evidence. But no person shall be held or convicted of an offense upon such testimony unsupported by other evidence....
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The New York Supplement, Volume 26

Law reports, digests, etc - 1894 - 1202 pages
...received, though not jriven under oath, if, In the opinion of the court, or magistrate, such child is possessed of sufficient intelligence to Justify the reception of the evidence. But no person shall be held or convicted of an offense upon such testimony unsupported by other evidence."...
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The General Principles of the Law of Evidence: In Their Application to the ...

Frank Sumner Rice - Criminal procedure - 1894 - 1062 pages
...may be received though not given under oath if, in the opinion of the court or magistrate such child is possessed of sufficient intelligence to justify the reception of the evidence. But no person shall be held or convicted of an offense upon such testimony unsupported by other evidence."...
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Reports of Cases in Criminal Law: Argued and Determined in All ..., Volume 17

Edward William Cox - Criminal law - 1895 - 934 pages
...Admissibility though not given upon oath, if, in the opinion of the court or justices, as the case of unsworn may be, such girl or other child of tender years is possessed of sufficient intelligence testimony of to justify the reception of the evidence, and understands the duty of speaking the ,,;,-;....
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Select Cases on the Law of Evidence as Applied During the Examination of ...

Austin Abbott - Evidence (Law) - 1895 - 776 pages
...received, although it is not given under oath, if, in the opinion of the court or magistrate, such child is possessed of sufficient intelligence to justify the reception of the evidence; but no person shall he held or convicted of an offense upon such testimony unsupported by other evidence....
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Reports of Cases Heard and Determined in the Supreme ..., Volume 81; Volume 88

Marcus Tullius Hun, New York (State). Supreme Court - Law reports, digests, etc - 1894 - 762 pages
...be received, though not given under oath, if, in the opinion of the court or magistrate, such child is possessed of sufficient intelligence to justify the reception of the evidence. But no person shall Jte held or convicted of an offense upon such testimony -unsupported by other evidence.'1''...
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