Legal Opinion

State v. . Behrman

Supreme Court of North Carolina

Decided February 5, 1894Published

INdictMkxt for fomicatioiL and adultery, tried before Bynum, J., and a jury, at Fall Term, 1893, of EdgeooMBE Superior Court. Sarah Behrman, a witness for the State, testiiied: “I came from Riga, Russia; know the defendant, Raphael Behrman; was married to him, in Riga, on the 25th of December, 1884, by a rabbi.”

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INdictMkxt for fomicatioiL and adultery, tried before Bynum, J., and a jury, at Fall Term, 1893, of EdgeooMBE Superior Court. Sarah Behrman, a witness for the State, testiiied: “I came from Riga, Russia; know the defendant, Raphael Behrman; was married to him, in Riga, on the 25th of December, 1884, by a rabbi.” The witness produced the following paper (translation of marriage certificate): “The rabbi of the city of Riga herewith attests to the marriage of Raphael Behrman, from Oknian, with Sarah Dinah, daughter of Noah Strauch, from Tuckkum, on December 25, 1884, held in the city of Riga.…

1Opinion of the Court

Avery, J.:

The statute provides that “ the unwritten or •common law of another State, or of a Territory, or of a foreign country may be proved as- a fact by oral evidence.” The Code, §1338. The plain intendment of the law is that any person who is competent to 'testify as to other facts of which such person professes to have knowledge shall be permitted to state'the pertinent provisions of the unwritten laws of a foreign country, after having stated that he has had opportunity to learn what they aré. The Legislature intended, evidently, that all persons who might profess to have an…

2Cases cited10 opinions

  1. Hutchins v. KimmellMichigan Supreme Court · 1875
  2. People v. JonesMichigan Supreme Court · 1872
  3. State v. . KingSupreme Court of North Carolina · 1882
  4. State v. . GradySupreme Court of North Carolina · 1880
  5. Gaines v. RelfSupreme Court of the United States · 1852

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