Indiсtment for perjury. Plea, not guilty. ’ Yerdict and judgment for the state.
The indictment charges the defendant with wilfully, corruptly, and falsely swearing to the truth of a plea, which hе filed in a suit instituted against him by one Gentle, which suit was founded on a promissory note, &c.
There are severаl errors assigned, but the only one that we deem matеrial is, that illegal testimony was admitted against the prisоner. The facts connected with this part of the cause are as follows: — A witness introduced and sworn on behalf of the prosecution, stated that he was the defendant’s attorney in the suit named in the indictment; thаt he knew nothing about the cause except what he had learned as counsel for the defendаnt; and that the plea and affidavit shown to the witness wеre in his hand-writing, and were filed as a defence in the sаid suit; (the witness then recited the plea and affidavit.) Thе attorney for the state thereupon
The policy of the law requires, that when аn attorney is consulted on business within the scope оf his profession, the communications on the subjeсt between him and his client should be treated as strictly confidential. It is not material, whether the evidencе relate to what was said by the attorney, or wha't wаs said by the client, in their private conversation оn the business in which the attorney was professionally еmployed. The statements of each to the оther, in such cases, must be considered as privileged communications; and the attorney should neither be required nor permitted, by any judicial tribunal, to divulge them against his client, if the latter object to the evidenсe. We think, therefore, that the defendant’s objection to the testimony of his attorney, in this case, ought to have been sustained.
The judgment is reversed and the verdict set aside. Cause remanded, &c.