Commonwealth v. Barker
Massachusetts Supreme Judicial Court
Indictment, found in the county of Suffolk on January 10, 1903, charging the defendant with polygamy on April 21, 1902. The jury returned a verdict of guilty; and the defendant alleged exceptions, raising the single question stated by the court.
1Opinion of the CourtMorton, J.
This is an indictment against the defendant for polygamy. There was a verdict for the Commonwealth, and the case is here on the defendant’s exceptions. The person alleged to be the lawful wife of the defendant was called ás a witness against him and without the consent and against the objection of.the defendant was allowed to testify to material facts tending to prove his guilt. The only question is whether she should have been allowed to so testify without his consent. At common law a married woman could not testify in such a case against her husband. Kelly v. Drew, 12 Allen, 107. But by…
2Cited by7 opinions
- United States v. MitchellCourt of Appeals for the Second Circuit · 1943
- Commonwealth v. SpencerMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. DiPietroMassachusetts Supreme Judicial Court · 1977
- United States v. LeachUnited States Court of Military Appeals · 1956
- Commonwealth v. MailletMassachusetts Supreme Judicial Court · 1987
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