People v. McNair

Decided October 15, 1839

New York Supreme Court · decided 1839-10-15

The defendant was tried before a court of special sessions and a jury, on a complaint of an assault and batteiy committed by him on tile body of William Bean, a lad of elevenyears of age. The defendant was a schoolmaster., and the lad-his scholar. The assault consisted in alleged cruelty on the part of the defendant, whilst correcting the complainant for misconduct in school.

Cited by 2 later decisions — most recently December 1918

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1839-10-15

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¶1By the Court,

Nelson, Ch. J.

¶2The court erred. The lad was of tender years, and if it had turned out, as it might, that he was wholly ignorant of the nature of an oath, it would have been the duty of the court to have rejected him as a witness, or at least before permitting him to testify, to have instructed him on the subject.

¶3One of the justices assigned as a reason for the decision of the court, that he had before examined the witness as to his competency, and was satisfied; but it does not appear when or where he so examined him. The defendant was entitled to have the examination in his presence, on the trial before all the justices.

¶4Conviction quashed.