O'Loughlin v. People

I am in accord with the views expressed by Mr. Justice Burke, and feel it proper to express my admiration of his masterly exposition of underlying principles of our Anglo-Saxon heritage of liberty within the law.

But I dissent for the further reason that in my opinion it was error to permit the husband of the accused to testify. In the circumstances of this prosecution he would *401not have been a competent witness at common law and our statute likewise should be held to have precluded him. “The general rule at common law,” we said in Dill v. People, 19 Colo. 469, 36 Pac. 229, “was that neither…