This section contains the nature of the case and procedural background.

When the homicide took place the boy was almost five years old. When the case was tried he was nearly five and a half years of age. The boy testified that he knew the difference between the truth and a lie; that if he told a lie the bad man would get him, and that he was going to tell the truth. The boy said that if he told a lie in court they would put him in jail. He also said that his mother had told him that morning to 'tell no lie.” The judge allowed the boy to testify. D was convicted and appealed in part as to the competency of the boy to testify.

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