Case BriefEvidence, Unit 5: competency of witnesses and testimony1/26/15Identity of CaseHill v. Skinner, 79 N.E. 787 (Ct. App. Ohio 1947)Pae 46 of the casebookSummary of Facts, Procedural HistoryA 4 year old was attacked by a dog with no real witnesses, in an area with some cement and trashcans and stuff that could’ve also potentially caused his injuries. Child testified at trial, appeal from defendant dog owner on the basis of witness incompetency. Note, competency is controlled mostly by case law in civil suits, under the fre’s everyone is basically presumed to be competent who can swear an oath. Appeals Court upholds conviction. Statement of the IssueIs a four year old competent to testify? HoldingA minor is competent to testify if his comprehension of the obligation to tell the truth and his intellectualcapacity of observation, recollection, and communication can be demonstrated. ReasoningEliminating minors entirely in cases like these would lead to injustice. Someone is responsible for that child’s injuries…Child stated that he knew he had to tell the truth or God wouldn’t love him, and competently described what happened with only a few non-responsive answers. Most adults give non-responsive answers too so that’s ok.
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