INFIDEL. One who does not believe in the existence of a God who will reward or punish in this world or that which is to come. Willes, 550. One who professes no religion that can bind his conscience to speak the truth. 1 Greenleaf, Ev. 368.
This term has been very indefinitely ap plied. Under the name of infidel Lord Coke comprises Jews and heathens, Coke, 2d Inst. 5.06 ; Coke, 3d Inst. 165 ; and Haw kins includes among infidels such as do not believe either in the Old or New Testament. Hawkins, PL Cr. b. 2, e. 46, s. 148.
'the objection to the competency of wit nesses who have no religious belief is removed in Maine, Stat. 1847, e. 64; Massachusetts, Gen. Stat. c. 131, 12; Michigan, Rev. Stat. 1846, c. 142, 96 ; Missouri, Rev. Stat. 1845, e. 186, 21, In other states a witness must believe in the existence of a Supreme Being, as in Connecticut, Rev. Stat. 1849, tit. 1, 140 ; New Hampshire, Rev. Stat. 1842, c.
188, 9, who will punish false swearing. 2 N. Y. Rev. Stat. 3d ed. 505.
It has been held that at common law it is only requisite that the witness should believe in= the existence of a God who will punish and reward according to desert. 1 Atk. Ch. 21; 2 Cow. N. Y. 431; 433, n.; 5 Mae. C. C. 18; 13 Vt. 362; 26 Penn. St. 274; that it is sufficient if the punishment is to be in this world. 14 Mass. 184; 4 Jones, No. C. 25: contra, 7 Conn. 66. And see 17 Wend. N. Y. 460; 2 Watts & S. Penn. 262; 10 Ohio, 121. A witness's belief is to be presumed till the contrary appear, 2 Dutch. N. J. 463, 601; and his disbelief must be shown by declara tions made previously, arid cannot he in quired into by examination of the witness himself. 1 Greenleaf, Ev. 370, n.; 17 Me. 157 ; 14 Vt. 535. See 17 Ill. 541.