State v. . Glisson
Supreme Court of North Carolina
Perjury— Oath — Evidence— Witn ess — Presumption. This was an indictment for perjury, tried before Connor, Judge, at July Term, 1885, of the, Superior Court of WayNE county.
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Perjury— Oath — Evidence— Witn ess — Presumption. This was an indictment for perjury, tried before Connor, Judge, at July Term, 1885, of the, Superior Court of WayNE county. The defendant was charged in the first count of the indictment with perjury, committed on his examination as a witness on his-own behalf, on the trial of a civil action prosecuted against O. K. Uzzell before a justice of the peace; and, in the second count, with perjury upon his examination in the same cause, removed by appeal to the Superior Court and there tried. The false swearing in the latter court, is assigned in…
1Opinion of the Court
Smith, C. J.,
(after stating the case as above). We see no error in these directions. It is a reasonable inference from the delivery of testimony, that it comes under the sanction of an oath or an affirmation, its equivalent, inasmuch as this is an indispensable prerequisite to its being received and heard, and no objection from any source was made to its admission. Upon the legal maxim, omnia presumuntur rita esse aeta, it may be inferred that the conditions essential to all personal testimony had been observed, or the witness would not have been heard, and against this the inadvertence of…
2Cases cited3 opinions
- State v. . JonesSupreme Court of North Carolina · 1873
- State v. . KeathSupreme Court of North Carolina · 1880
- State v. . HinsonSupreme Court of North Carolina · 1880
3Cited by15 opinions
- Brewer v. HarrisSupreme Court of North Carolina · 1971
- State v. . KigerSupreme Court of North Carolina · 1894
- Hare v. . HollomonSupreme Court of North Carolina · 1886
- State v. GastonSupreme Court of North Carolina · 1952
- Burnett v. Wilmington, Newbern & Norfolk Railway Co.Supreme Court of North Carolina · 1897
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