People v. Thomas
Michigan Supreme Court
On exceptions from Genesee Circuit. The defendant being on trial for larceny, May 16, 1861, after the evidence had closed on the part of the prosecution, offered himself as a witness on Ms own behalf, to be sworn and to testify in the same manner as other witnesses. The Circuit Judge ruled that he was not entitled to be sworn, and to testify as a witness on his own behalf, and rejected him as such. The case now comes before the court on exception to this ruling.
1Opinion of the Court
Martin Ch. J.:
The Legislature of 1861, by the passage of the Act, No. 125, amendatory of the law of evidence, evidently intended to render all parties (except as is therein excepted) competent witnesses in civil cases only. This is obvious from an examination of the law as it existed before such amendment, and of the amendatory act. As the law stood prior to the act of 1861, all persons could be witnesses except parties nampd in the record, or in whose behalf suit was prosecuted or defended, or the husband or wife of a party. A party could be made a witness only upon an affidavit being made…
2Cited by31 opinions
- People v. JacksonMichigan Supreme Court · 1974
- Ferguson v. GeorgiaSupreme Court of the United States · 1961
- People v. FarrarMichigan Court of Appeals · 1971
- People v. AllenMichigan Supreme Court · 1988
- People v. ZabijakMichigan Supreme Court · 1938
26 more not listed; retrieve them via the Exa API.