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Unformatted text preview: awaken the witness' conscience and impress the witness' mind with the duty to do so.
UNITED STATES v. ODOM [Mental Competency; Oath FRE 601, 603] Facts: Odom was deputy sheriff under the incumbent sheriff who was up for reelection. Odom allegedly participated in a scheme casting absentee votes in the name of residents of a Rest Home in their county. residents were persons of advanced years, many feeble both physically and mentally Procedural Posture: District judge chose to resolve the issue of the rest home resident's competency to testify in front of the jury. Ds complain that the district judge should have ruled on the witnesses' competency without the jury present. Issue: Was it error for the judge to allow the witnesses to testify in front of the jury in order to make a determination as to their competency to testify? Holding: Notes: The manner in which the district judge chose to resolve the issue of the competency of these witnesses was not error. o Whether the witness has such competency is a matter for determination by the trial judge after such examination as...
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