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Infidel

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

One who does not believe in the existence of a God who will reward or punish in this world or that which is to come.

Willes 650.

One who professes no religion that can bind his conscience to speak the truth.

1 Greenl. Ev. § 368.

One who does not recognize the inspiration or obligation of the Holy Scriptures, or generally recognized features of the Christian religion.

Gibson V. Ins. Co., 37 N. Y. 580.

This term has been very indefinitely applied. Under the name of Infidel, Lord Coke comprises Jews and heathens; Co. 2d Inst 506; Co. 3d Inst 165; and Hawkins includes among infidels such as do not believe either in the Old or New Testament; Hawk. PI. Cr. b.

2, c. 46, 8. 148.

The objection to the competency of witnesses who have no religious belief is removed in England and in most of the United States by statutory enactments; 1 Whart. Ev. § 395. It has been held that at common law it is only requisite that the witness should believe in the existence of a God who will punish and reward according to desert; 1 Atk. 21; Butts v. Swartwood, 2 Cow. (N. Y.) 431; Wakefield v. Ross, 5 Mas. 18, Fed. Cas. No. 17,060; Arnold v. Estate of Arnold, 13 Vt. 862; Blair v. Seaver, 26 Pa. 274; that it is sufficient if the punishment is to be in this world; Shaw v. Moore, 49 N. C. 26; contra, Atwood v. Wei ton, 7 Conn. 66.

And see People v. Mc Garren, 17 Wend. (N. Y.) 460; Cubbison v. Mc Creary, 2 W. & S. (Pa.) 262; Brock v. Milligan, 10 Ohio 121.

A witness’s belief is to be presumed till the contrary appear; Donnelly v. State, 26 N. J. L. 463; id., 26 N. J. L. 601; and his disbelief amination of the witness himself; 1 Greenl.

Ev. I 870, n.; Scott v. Hooper, 14 Vt. 535.

INFIHT (Sax.). An assault upon an inhabitant' of same dwelling. Gloss. Anc. Inst & L^ws of Eng.