State v. Vaughan
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Hon. William H. Martin, Judge. (1) The court erred in compelling the wife of the defendant to testify against him. R. S. 1899, sec. 2637. (2) There has been no change of the common law rule in this State by legislative enactment by which the wife is made a competent witness against the husband, and against his consent in a criminal prosecution.
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Appeal from Cooper Circuit Court. — Hon. William H. Martin, Judge. (1) The court erred in compelling the wife of the defendant to testify against him. R. S. 1899, sec. 2637. (2) There has been no change of the common law rule in this State by legislative enactment by which the wife is made a competent witness against the husband, and against his consent in a criminal prosecution. State v. Willis, 119 Mo. 485. (3) The testimony may be compelled under a statute permitting the lawful spouse to testify against her husband in cases where the one has committed a crime against the other. State v.…
1Opinion of the CourtBEOiADDUS, P. J.
The defendant was convicted in the circuit court upon an information charging him with disturbance of the peace of his wife. The prosecution was begun in a justice’s court where defendant was found guilty. He appealed to the circuit court where he was again tried and found guilty and from judgment of his conviction he has appealed to this court.
The prosecution was instituted upon the complaint of his wife. She refused to voluntarily testify against her husband, but was compelled by the court to do so. There were other witnesses whose testimony tended to prove defendant’s guilt. The wife…
2Cases cited5 opinions
- State v. PenningtonSupreme Court of Missouri · 1894
- Turner v. StateMississippi Supreme Court · 1882
- Bramlette v. StateCourt of Appeals of Texas · 1886
- Maget v. MagetMissouri Court of Appeals · 1900
- State v. BeanMissouri Court of Appeals · 1904
3Cited by7 opinions
- People v. ZabijakMichigan Supreme Court · 1938
- State v. KollenbornSupreme Court of Missouri · 1957
- State v. DunbarSupreme Court of Missouri · 1950
- Peters v. District Court of Iowa, Linn CountySupreme Court of Iowa · 1971
- McPheeters v. McPheetersMissouri Court of Appeals · 1921
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