That it was not necessary to produce the commission of the Captain : that parol proof of his acting as such was sufficient.*
State v. Gregory, 6 N.C. 69, 2 Mur. 69 (1811)
July 1811
·
Supreme Court of North Carolina
6 N.C. 69, 2 Mur. 69
The State v. Joseph Gregory.
From Wilkes.
®n the trial of an indictment for perjury, charged to have been committed in an oath taken before a company .court-martial, i\ 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 tiiat the court was legally constituted ? Tiie 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 tiie court. The question being sent to this Court, it was decided