Legal Opinion

State v. . Davis

Supreme Court of North Carolina

Decided June 5, 1873PublishedCited by 7 opinions

Indictment for perjury tried before Tourgee, J., at the Spring Term, 1873, of the Superior Court of Randolph county. Defendant was charged with having, in a suit between Hood, Bonbright & Co,, plaintiffs, and Welborne Lassiter, defendant, tried in the Superior Court of Randolph county before his Honor, Judge Tourgee, at Pall Term, 1871, “ being then and there duly sworn upon the Holy Gospel of God to speak the truth," &c., falsely, wickedly, wilfully and corruptly committed…

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Indictment for perjury tried before Tourgee, J., at the Spring Term, 1873, of the Superior Court of Randolph county. Defendant was charged with having, in a suit between Hood, Bonbright & Co,, plaintiffs, and Welborne Lassiter, defendant, tried in the Superior Court of Randolph county before his Honor, Judge Tourgee, at Pall Term, 1871, “ being then and there duly sworn upon the Holy Gospel of God to speak the truth," &c., falsely, wickedly, wilfully and corruptly committed perjury, in swearing as to the attestation of a certain deed, which was a material point on the trial of the issue then…

1Opinion of the CourtReade, J.

Our statute declares that “lawful oaths for the discovery of truth and establishing right are necessary and highly conducive to good government, and being most solemn appeals to Almighty God. * * * * Such oaths ought to be taken and administered with the mtmost solemnity.” This “ solemnity ” applies not only to the substance of the oath, but to the form and manner of iahiny it, and of administering it. And therefore the statute further provides that the Judge, or either person administering it, “shall require the party sworn to lay his hand upon the holy evangelists of Ahninghty God, * * * *…

2Cited by7 opinions

  1. State v. RobinsonSupreme Court of North Carolina · 1984
  2. State v. DaySupreme Court of Minnesota · 1909
  3. Agricultural Bond & Credit Corp. v. Courtenay Farmers Co-Operative Ass'nNorth Dakota Supreme Court · 1933
  4. Pearre Bros. v. FolbSupreme Court of North Carolina · 1898
  5. State v. KeziahSupreme Court of North Carolina · 1962

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