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Unformatted text preview: voir dire, judge determined that Billy was competent to testify Did the court abuse its discretion in permitting the 5 year old to testify? Holding: The transcript of testimony fully supports the action of the trial court in permitting Billy Carol to testify. Judgment is affirmed. Notes: Many states have statutes prescribing procedures for determining competency of child witnesses in criminal cases: o See Texas! Competency of Witness: Dead Man's Statutes
FARLEY v. COLLINS [Competency of Witness Dead Man's Statutes] Facts/Procedural Posture: Farley, while driving a motorcycle, collided with an automobile driven by Dann, who was deceased at time of trial Action brought against Collins as administrator of the estate of Dann. Issue: Trial judge permitted Farley to testify as to the movements of his motorcycle and the Dann automobile during the occurrence of the collision. Florida Dead Man's Statute: "no party shall be examined as a witness in regard to any transaction or communication between such witness and a person deceased at the time of such examination." Administrator obje...
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