Ex parte Harkins
Supreme Court of Alabama
The petitioner was indicted in the Circuit Court of Shelby for an assault and battery upon Westley Gragg, with the intent to murder him. Thereupon, he moved the court for a commission to take, by deposition, the testimony of a witness resident in the State of Mississippi — first showing by a letter from'the witness, and his own affidavit, that the evidence would be material and important for his defence.
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The petitioner was indicted in the Circuit Court of Shelby for an assault and battery upon Westley Gragg, with the intent to murder him. Thereupon, he moved the court for a commission to take, by deposition, the testimony of a witness resident in the State of Mississippi — first showing by a letter from'the witness, and his own affidavit, that the evidence would be material and important for his defence. The motion was overruled ; and the petitioner now moves this court for a mandamus to the circuit court, commanding it to issue a commission pursuant to his motion. insisted, that, although…
1Opinion of the CourtCollier, C. J.
Mr. Grocnleaf, in his admirable treatise on Evidence, [p. 367-8,] says, that the method of obtaining the testimony of witnesses resident abroad, has always been familiar in the courts of admiralty; and he supposes it to be within the inherent powers of all courts. The law of nations, [says he,] requires the courts of justice of different countries to assist each other for the furtherance of justice ; and, hence, when the testimony of a foreign witness is necessary, the court, before which the action is pending, may send to a court, within whose jurisdiction the witness resides, a writ, called…
2Cited by2 opinions
- Baker v. PeopleSupreme Court of Colorado · 1922
- State v. FulfordSupreme Court of Louisiana · 1881