State v. . Molier
Supreme Court of North Carolina
From Buncombe. The Defendant was indicted for perjury alleged to have been committed on a trial before a Justice of the Peace, in which the prisoner was the Plaintiff, and one McGehee the Defendant, for “a debt of one dollar due by account.” Upon the trial, the prisoner was sworn as a witness for himseif, and proved an account for one sifter or .sieve, swearing that it “was just and true.”
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From Buncombe. The Defendant was indicted for perjury alleged to have been committed on a trial before a Justice of the Peace, in which the prisoner was the Plaintiff, and one McGehee the Defendant, for “a debt of one dollar due by account.” Upon the trial, the prisoner was sworn as a witness for himseif, and proved an account for one sifter or .sieve, swearing that it “was just and true.” The prisoner was then asked by the Justice, whether he had not given the sifter to McGehee, to which he replied that he had not given it, but that McGehee then owed him for it. The prisoner was not asked…
1Opinion of the Court
Tayuor, Chief-Justice.
It is a well-eslabiislied rule of evidence, that the testimony of a single witness is insufficient to warrant a conviction on a charge for perjury. But it does not appear to be any where laid down that two witnesses are necessary to disprove directly the fact sworn to by tiie Defendant, although in addition to the testimony ofa single witness, some other independent evidence ought to be adduced. To convict a man of perjury, there must be strong and clear evidence, and more numerous than the evidence given for the Defendant, is a rational rule laid down in 10 Mod. which…
2Cited by6 opinions
- State v. . LinneySupreme Court of North Carolina · 1938
- Neff v. United StatesCourt of Appeals for the Eighth Circuit · 1908
- State v. MooreSupreme Court of Louisiana · 1904
- State v. HorneCourt of Appeals of North Carolina · 1976
- Commonwealth v. BradleyDauphin County Court of Quarter Sessions · 1932
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