123 Iowa 649 | Iowa | 1903
The last case is precisely in point, as the prosecutrix there testified to her age, and on crossexamination that she knew because her father had told her. The evidence was declared sufficient to support a conviction. Appellant claims the character of the information, whether oral or in writing; or when given, was not mentioned in the instruction. Every one is presumed to know his own age, and the source of information is a matter of inquiry on cross-examination. But appellant urges her evidence was not the best attainable, for the reason her father was present in court, and presumably knew as a fact what she had ascertained only on report. The evidence of the child may not be as satisfactory as that of the father or rpother or some other person present at her birth, but it should be received, and accorded such weight as it is entitled to under all the circumstances. State v. Cain, 9 W. Va. 559; Bain v. State, 61 Ala. 75.