MARVIN MANDEL, Governor                                 283

28 EDWARD III, CH. 13
REPEALED BY CH. 611, ACTS OF 1973:

ART. 51, §18.
TITLE 9. WITNESSES.

SUBTITLE 1. COMPETENCE, COMPELLABILITY, AND
PRIVILEGE.

[[SEC. 9-101. GENERAL.

UNLESS OTHERWISE PROVIDED IN THIS SUBTITLE, EVERY
PERSON IS COMPETENT TO BE A WITNESS.]]

[[SEC. 9-102. PERSON OF UNSOUND MIND.

A PERSON OF UNSOUND MIND MAY NOT TESTIFY IF HE
LACKS SUFFICIENT UNDERSTANDING OF THE NATURE OF AN
OATH OR IS UNABLE TO GIVE A COHERENT ACCOUNT OF WHAT
HE HAS SEEN OR HEARD.]]

[[SEC. 9-103. INFANT.

AN INFANT MAY NOT TESTIFY IF HE LACKS SUFFICIENT
UNDERSTANDING OF THE NATURE OF AN OATH. IF HE HAS
THAT UNDERSTANDING, HE MAY TESTIFY IN THE SOUND
DISCRETION OF THE COURT.]]

SEC. 9-101. GENERAL.

UNLESS OTHERWISE PROVIDED IN THIS SUBTITLE: (1) A

PERSON SHALL NOT BE EXCLUDED FROM TESTIFYING IN A

PROCEEDING BECAUSE OF INCAPACITY FROM CRIME OR

INTEREST IN THE MATTER IN QUESTION; AND (2) LITIGANTS

AND THEIR SPOUSES ARE COMPETENT AND COMPELLABLE TO

GIVE EVIDENCE.

REVISOR'S NOTE: This Section presently appears as
a portion of Art. 35, §1. The section was
reinstated at the direction of the Senate
Judicial Proceedings and House Judiciary
Committees, which objected to the
codification of case law in the commission's
draft of §§9-102 and 9—103, as they appeared
in the first reader copy of SB 1.

SEC. 9-104. CONVICTED PERJURER.