People v. Harrison’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is the law that children under ten years of age cannot be witnesses where they appear incapable of receiving just impressions of the facts respecting which they are examined or of relating them truly. (Sec. 1880, Code of Civil Procedure.) The last cited section means nothing more than that if a child under ten years of age appears to the trial judge to be competent, i. e., to have the capacity to receive impressions and to relate them truthfully, he becomes a competent witness. (People v. Gasser, 34 Cal.App. 541, 543 [ 168 P. 157 ].) After the judge has heard the child give his testimony and has determined that he was a competent witness, such determination is not a matter of review any more than his ruling upon the capacity of any other witness. (People v. Craig, 111 Cal. 460 [ 44 P. 186 ]; People v. Morcumb, 28 Cal.App.2d 465 [ 82 P.2d 714 ].) There is nothing in the testimony of any of the five children that indicated in the slightest degree his incompetency to testify. The only two daughters under ten years of age were ID and OY. At the time of the trial ID was more than 91/2 years of age; her testimony was responsive, coherent and intelligent. The fourth daughter was OY, eight years of age. The trial judge satisfactorily tested her qualifications on voir dire. In addition to the fact that the trial judge became satisfied as to her competency, the record of her testimony shows that she was intelligent enough to receive impressions and competent intelligibly to relate ”

   1 later decision quote this exact passage
   e.g. People v. Denton

2. “In view of the fact that the intent of the defendant was an important factor in the proof of his guilt, it was competent to show other indecencies of the appellant committed with respect to still another child in order to leave no doubt of the criminal quality of the act charged in the information. (Citing cases.) Such evidence was calculated to rebut the innocent intent claimed by appellant. (People v. Knight, 62 Cal.App. 143 [ 216 P. 96 ]; People v. Turco, 29 Cal.App. 608 [ 156 P. 1001 ].)”

   1 later decision quote this exact passage
   e.g. 31 Cal. 2d 469 - People v. Westek