84 Neb. 636 | Neb. | 1909
Plaintiff in error was convicted of committing murder while in tbe perpetration of a robbery, and, from a sen
Section 365 of the code provides: “Before testifying, the witness .shall be sworn to testify the truth, the whole truth and nothing but the truth. The mode of administering an oath shall be such as is most binding upon the conscience of the witness.” It is urged that the witness was an idolater, and would not be bound by an appeal to the “invisible God” of the Christians. In Priest v. v. State, 10 Neb. 393, we approved Bouvier’s definition of an oath as “an outward pledge given by the person taking it that his attestation or promise is made under an immediate sense of his responsibility to God.” In that case an Indian was held to be incompetent to testify. The Japanese, however, are a civilized people, and have at least three recognized religions — Buddhism, Shintoism and Christianity. No efforts were made by defendant’s counsel to prove that the witness was not a Christian, nor did they examine him to ascertain whether he understood the obligations of the oath that Avas thereafter administered to him. The rule seems to be well established that, unless an adult witness comes Avithin some exception to the general rule, the presumption is that he is competent to testify, and the burden is upon the objecting party to establish the contrary. This may properly be done by preliminary questions propounded to the proposed wit
The defendant has received a fair trial within the meaning of the law, and the judgment of the district court is
Affirmed.