INFAMY. That state which is produced by the conviction of crime and the loss of honor, which renders the infamous person incompetent as a witness.
2. When a man is convicted of an offence which is inconsistent with the common princi ples of honesty and humanity, the law con siders his oath to be of no weight, and ex cludes his testimony as of too doubtful and suspicious a nature to be admitted in a court of justice to deprive another of life, liberty, or property. Gilbert, Ev. 256; 2 Bulstr. 154; Phillipps, Ev. 23; Buller, Nisi P. 291. The crimes which render a person incompetent are treason, 5 Mod. 16, 74; felony, 2 Bulstr. 154; Coke, Litt. 6; 1 T. Raym. 369; receiv ing stolen goods, 7 Mete. Mass. 500; 5 Cush. Mass. 287 ; all offences founded in fraud, and which come within the general notion of the crimen falsi of the Roman law, Leach, 496; as perjury and forgery, Coke, Litt. 6; Fost. 209; piracy, 2 Rolle. Abr. 886; swindling, cheating, Fost. 209; barratry, 2 Salk. 690; conspiracy, 1 Leach, Cr. Cas. 442; and the bribing a witness to absent himself from a trial, in order to get rid of his evidence. Fost. 208. From the decisions Professor Greenleaf deduces the rule "that the crimen falsi of the common law not only involves the charge of falsehood, but also is one which may injuriously affect the administration of justice, by the introduction of falsehood and fraud." 1 Greenleaf, Ev. ,g 373. A conviction of the offence of obtaining goods by false pre tences does not render theparty an incom petent witness. 11 Mete. Mass. 302.
3. It is the crime, and not the punishment, which renders the offender unworthy of be. lief. 1 Phillipps, Ev. 25. In order to incapa citate the party, the judgment must be proved as pronounced by a court possessing com petent jurisdiction. 1 Sid. 51; 2 Stark. 183; Starkie, Ev. pt. 2, p. 144, note 1, pt. 4, p. 716. But it has been held that a conviction of an infamous crime in another country, or another of the United States, does not render the wit ness incompetent on the ground of infamy.
17 Mass. 515; 11 Mete. Mass. 304. See 2 Harr. & MIL Md. 380 ; 3 Hawks, No. C. 393 ; 10 N. H. 22. Though this doctrine appears to be at variance with the opinions enter tained by foreign jurists, who maintain that the state or condition of a person in the place of his domicil accompanies him everywhere. Story, Confl. Laws, ,g 620, and the authorities there cited; Fcelix, Traite de Droit Intern. Priv& 31; Merlin, Repert. Loi, 6, n. 6.
The objection to competency may be an swered by proof of pardon (see PARDON), and by proof of a reversal by writ of error, which must be proved by the production of the record. As to the effect of serving out the term of punishment, see stat. 6 & 7 Viet. c. 85, 1; 3 Ind. 16; 4 id. 128; 14 Mo. 348; 31 N. H. 314; 24 Conn. 363; 2 Paine, C. C.' 168; 2 Gray, Mass. 562; 13 Tex. 168; 23 Ala. x. s. 44. See 2 Bennett & H. Lead. Crim. Cas. 394.
4. The judgment for an infamous crime, even for perjury, does not preclude the party from making an affidavit with a view to his own defence. 2 Salk. 461; 2 Strange, 1148. He may, for instance, make an affidavit in re lation to the irregularity of a judgment in a cause in which he is a party; for otherwise he would be without a remedy. But the rule is confined to defence; and he cannot be heard upon oath as complainant. 2 Salk. 461; 2 Strange, 1148. When the witness becomes incompetent from infamy of character, the effect is the same as if he were dead; and if he has attested any instrument as a witness, previous to his conviction, evidence may be given of his handwriting. 2 Strange, 833; Starkie, Ey. pt. 2, 193, pt. 4, p. 723.