Legal Opinion

Fidelity-Phenix Fire Ins. Co. of New York v. Murphy

Supreme Court of Alabama

Decided January 23, 1936No. 1 Div. 881Published

1Opinion

Is a person convicted of perjury or subornation of perjury in the District Court of the United States sitting in Alabama a competent witness in the courts of Alabama?

Prior to 1883 the common law touching the competency of witnesses convicted of crime prevailed in this state. Under such common law all persons convicted of crime of the class broadly designated as crimen falsi were rendered incompetent to testify in a court of justice. Moore v. State, 12 Ala. App. 243,67 So. 789.

In Sylvester v. State, 71 Ala. 17, 23, the rule was applied to a witness convicted of petit larceny by a justice of…

2Cases cited12 opinions

  1. Riverdale Cotton Mills v. Alabama & Georgia Manufacturing Co.Supreme Court of the United States · 1905
  2. Sylvester v. StateSupreme Court of Alabama · 1881
  3. Moore v. StateAlabama Court of Appeals · 1915
  4. Louisville & N. R. Co. v. TallySupreme Court of Alabama · 1919
  5. State v. FoleyNevada Supreme Court · 1880

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