McCurdy v. Ashley’s Empirical Analysis

Citation profile

17 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘That the boy was not by reason of his youth, as a matter of law, absolutely disqualified as a witness, is clear. While no one would think of calling as a witness an infant only two or three years old, there is no precise age which determines the question of competency. This depends on the capacity and intelligence of the child, his appreciation of the difference between truth and falsehood, as well as of his duty to tell the former. The decision of this question rests primarily with the trial judge, who sees the proposed witness, notices his manner, his apparent possession or lack of intelligence, and may resort to any examination which will tend to disclose his capacity and intelligence as well as his understanding of the obligations of an oath. As many of these matters cannot be photographed into the record the decision of the trial judge will not be disturbed on review unless from that which is preserved it is clear that it was erroneous. These rules have been settled by many decisions, and there seems to be no dissent among the recent authorities.’ ””

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Cooke · State v. Cox

2. ““Well, on the evidence offered in the absence of the Jury concerning the competency of the witness Bess Hoey, this Court concludes as a matter of law that the witness does have the capacity to understand and relate under the obligations of an oath the facts which will assist the Jury in determining the truth of this case and that the witness has sufficient intelligence to give testimony or evidence in this case, and based upon those conclusions, the Court, in the exercise of its discretion, denies the defendant’s objection to the witness, Bess Hoey, being allowed to testify and holds that she is competent as a witness in this case.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Cox