86 Ala. 30 | Ala. | 1888
The indictment, which is one charg- ’ ing the defendant with perjury, substantially follows the
Tbe qbjections to tbe evidence are not, in our judgment, well taken. Tbe evidence to wbicb objection was taken, was properly admitted. Tbe ground of tbe objection goes to tbe fact of tbe materiality of tbe alleged false oatb, it being urged tbat tbe fact of tbe wife’s adultery before marriage can not tend to prove her alleged adultery after marriage ; and this being tbe fact testified to, on which tbe defendant’s perjury was predicated, it is insisted tbat it was not material to tbe issues in the divorce suit, wbicb was based, on tbe ground of adultery.
Tbe bill of exceptions does not purport to set out all tbe evidence introduced on tbe trial ; and for this reason tbe objection must be overruled, because, rather than put tbe court in error, we must presume tbat there may have been other evidence omitted from tbe record, wbicb would have rendered tbat objected, to relevant. But, independently of this, tbe bill of exceptions states tbat there was other evidence, tending to show acts of adultery after marriage. Construing tbe bill most strongly against tbe exceptant, in accordance witb tbe settled rule, it must be interpreted to mean evidence was offered of other acts of adnltery between tbe same parties. Tbe authorities fully settle tbe admissibility of such evidence as to anterior acts of adultery, for
The judgment must be affirmed.