California, United States of America
The following excerpt is from Scarano v. Schnoor, 158 Cal.App.2d 612, 323 P.2d 178, 68 A.L.R.2d 416 (Cal. App. 1958):
Appellant criticizes the use of the word 'competent' to qualify 'evidence' in this instruction. While technically this may be error (McNamara v. Emmons, 36 Cal.App.2d 199, 206, 97 P.2d 503), the jury cannot have been misled by it. They were given the usual instructions on their powers and duties in weighing the evidence and we cannot suppose that they disregarded them or would undertake to determine the 'competency' of the evidence which the court had permitted to be introduced for their consideration.
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