Wilkes County, NC - State v. Joseph Gregory, 1811

                           From Wilkes

On the trial of an indictment for perjury, charged to have been committed
in an oath taken before a company court-martial, it is not necessary to
produce the commission of the captain; parol proof of his acting as such
is sufficient.

The defendant was indicted for perjury, charged to have been committed
in an oath taken before a company court-martial, for the purpose of
getting a fine remitted. On the trial a question arose, Whether the
commission of the senior officer of the court ought not to be produced,
to prove his grade as an officer and that the court was legally constituted.
The presiding judge thought that it was not necessary to produce the
commission, and received parol proof of the grade of the officers and of 
the constitution of the court. The question was sent to this Court.

By the Court. It was not necessary to produce the commission of the captain;
parol proof of his acting as such was sufficient.*

*The solicitor for the State relied upon 4 Hawk, P.C., 432, title Evidence,
and 2 McNally, 485 to 488, and the authorities there cited.


Source:
NC Reports
July Term, 1811
NC Supreme Court
Pg 56

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This file was contributed for use in the USGenWeb Archives by
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