A crime which works infamy in the person who commits it. 189
S.E. 441. At common law, any infamous crime was one that rendered
the person convicted thereof incompetent as a witness. 4 N.Y. Cr.
R. 545, 546. This was based on the theory of untrustworthiness
whereby a testimonial disqualification was imposed to prevent the
introduction of evidence thought not entitled to credence. In this
sense, infamous crimes comprehended treason, felonies and any crime
involving the element of deceit 23 F. 136, 137 and examined the
nature of the crime rather than the nature of the punishment
inflicted. The modern view of infamous crimes, which under Art. V
of the Constitution must be prosecuted by indictment, is any crime
that is punishable by death or imprisonment in a state penal
institution, with or without hard labor for more than one year. See
604 F. 2d 569, 572. Under this view, it is determined by the nature
of the punishment, which a court is authorized to impose, and not
by the character of the crime. The common law procedure of
excluding witnesses because of prior infamous convictions is no
longer followed, although such convictions may affect the
credibility of the witness. See 182 A. 2d 15, 16.