People v. Valenti

THOMPSON (IRA F.), J.

The defendant was convicted of the crime of murder in the first degree and sentenced to life imprisonment. She appeals from the judgment and from an order denying her motion for a new trial.

There are three reasons assigned by appellant why the judgment should be reversed. They are: 1. That the court erred in permitting Esther Garcia, ten years old, to testify over the objection of the defense that she was incompetent; 2. That the

corpus delicti

was not sufficiently proven to warrant the admission in evidence of certain admissions and declarations of defendant; 3. That the evidence is not sufficient to support the verdict.

A Spanish girl ten years of age was called to the stand and questioned at considerable length concerning her understanding of the nature of the oath and the consequence attending the giving of false testimony. The trial judge finally determined that she was competent. And we are asked by appellant to declare this ruling erroneous, on the ground that some of the answers of the witness were conflicting, which counsel argues demonstrates her incompetency to receive and relate just impressions of the facts respecting which she was asked to testify, or to understand the sanctity of an oath. There is very little to be said. The

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testimony of the witness stands without contradiction that she was ten years of age, instead of under ten years. Section 1321 of the Penal Code applies the same test to witnesses in criminal eases as in civil. By section 1880 of the Code of Civil Procedure it is said that children under ten years of age who appear incapable of receiving just impressions of the facts respecting which they are examined shall not testify. Even though we were in as favorable a position to determine her ability to testify as was the trial judge, who had the opportunity of observing her manner while testifying and of fully weighing the difference between her testimony while attempting to speak English and her answers given through an interpreter, we would be without the right to declare that she was incompetent. However, we deem it proper to quote from

People