45 Pa. Super. 619 | Pa. Super. Ct. | 1911
Opinion by
When this defendant was being tried on a charge of criminal libel, he was called as a witness in his own behalf. The district attorney objected to his competency for the reason, “that he does not believe in the existence of a God who will punish him if he testifies falsely.” His examination was as follows: “Mr. Tresca, are you perfectly willing to take an oath? A. Yes, why not? Q. Do you believe in the existence of a God? A. I refuse to answer. I believe in an oath. Q. Do you believe in the existence of a God, who will punish you if you take a false oath? A. Anybody who will take a false oath will be punished. Q. By God? A. I refuse to answer. Q. Do you believe in a Supreme Being? A. Yes, sir. Q. What do you mean by a Supreme Being? A. As the force that regulates the things of the world. Q. Which is expressed and known by the name of God. Is that right? A. Anybody can call this force as they wish, I can call it the Supreme Being without calling it God.”
The witness was held to be incompetent by the court, and was withdrawn. The trial resulted in his conviction and this is the sole error assigned.