85 
after observing the failure of the lenses, returned and 
started the fire with a torch. 
COMPETENCY OF WITNESSES* 
• 4 
All persons offered as witnesses are presumed to be 
competent to testify until the contrary is shown to the 
satisfaction of the court. Objection to the competency of 
a witness must be made before his examination in chief if 
the disqualification is then known to the party objecting, 
or, if it is not then known, the objection must be made as 
soon as the disqualification appears. A witness may be 
incompetent owing to lack of mental capacity arising 
from extreme youth, disease, intoxication, or other cause. 
The defendant in a criminal case is a competent witness 
in his ow 7 n behalf, but can not be compelled to testify. 
A lawyer is not permitted, except with his client’s express 
consent, to testify as to any confidential communication 
made to him by or on behalf of his client during the course 
and for the purpose of his employment. Husband and 
wife are not permitted to disclose confidential communi¬ 
cations made to each other during marriage, even if the 
marriage has since been terminated by divorce or the death 
of one of the parties. Under the California law neither the 
husband nor the wife is a competent witness for or against 
the other in a criminal action or proceeding to which one 
or both are parties, except with the consent of both, or in 
cases involving violence upon one by the other and 
those involving failure to support the wife or child. 
