State v. . Jolly

Upon the trial at Martin, on the last circuit, before his Honor, JudgePearson, one Henry C. Whitley was offered as witness for the State, when the defendants counsel objected to his competency because he had been the husband of the defendant, Elizabeth, although it was admitted that they had since been divorced from the bonds of matrimony; and it was insisted for the defendants that he was not a competent witness as to any matter that took place before the divorce. The court overruled the objection, "thinking the matter about which he (the witness) was called to testify, to wit, the criminal…