Legal Opinion

Ex Parte Marshall

Supreme Court of Alabama

Decided May 25, 1922No. 4 Div. 997PublishedCited by 44 opinions

1Opinion of the CourtAnderson, C. J.

Section 4008 of the Code of 1907 provides that no objection can be taken to the competency of a witness because of conviction for crime, except perjury or subornation of perjury, “but if he has been convicted of a crime involving moral turpitude, the objection goes to his credibility.” This court has several times defined the words “moral turpitude,” as used in this provision, as meaning something immoral in itself, regardless of the fact that it is punished by law. It must not merely he mala prohibita, but the act itself must be inherently immoral. The doing of the act itself, and not its…

2Cases cited5 opinions

  1. Pippin v. StateSupreme Court of Alabama · 1916
  2. Lakey v. StateSupreme Court of Alabama · 1921
  3. Gillman v. StateSupreme Court of Alabama · 1910
  4. Gordon v. StateSupreme Court of Alabama · 1903
  5. Fuller v. StateSupreme Court of Alabama · 1906

3Cited by44 opinions

  1. State v. OwenIdaho Supreme Court · 1953
  2. Grammer v. StateSupreme Court of Alabama · 1940
  3. Kurtz v. FarringtonSupreme Court of Connecticut · 1926
  4. Norris v. StateSupreme Court of Alabama · 1934
  5. Baugh v. StateSupreme Court of Alabama · 1927

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