State v. . Gregory

Decided July 5, 1811

Supreme Court of North Carolina · decided 1811-07-05

From Wilkes. The Defendant was indicted for perjury, charged to ,have been committed in an oath taken before a company court-martial, for the purpose of getting a fine remitted. On the trial a question arose, Whether the commission of the senior officer of the Court ought not to'be produced, to prove his grade as an officer and tiiat the court was legally constituted ?

Decided 1811-07-05

By the Couiit

¶1 That it was not necessary to produce the commission of the Captain : that parol proof of his acting as such was sufficient. *

¶2 The Solicitor for the State relied upon 4 Hawk. 432, Title Evidence — and 2 M’Nally 485 to 488, and the authorities there cited.

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Case posture

Posture: THE defendant was indicted for perjury, charged to have been committed in an oath taken before a company court-martial, for the purpose of getting a fine remitted. On the trial a question arose, Whether the commission of the senior officer of the court ought not to be produced, to prove his grade as an officer and that the court was legally constituted. The presiding judge thought that it was not necessary to produce the commission, and received parol proof of the grade of the officers and of the constitution of the court. The question was sent to this Court.

Source: CourtListener

Court

Supreme Court of North Carolina