State v. . Setzer

A decision on this appeal presents two questions for determination :

1. Was Lois Setzer, the wife of defendant, competent to testify against him upon indictment charging him with bigamous cohabitation with another woman?

2. Upon the evidence offered on the trial below, taken in the light most favorable to the State, was defendant entitled to judgment as of nonsuit ?

As to the first: The statute, G. S., 8-57, by which the husband or the wife of defendant, in all criminal actions or proceedings is declared to be a competent witness for the defendant, provides, in so far as pertinent to this…