Dixon v. People
Michigan Supreme Court
Error to Branch Circuit. The plaintiff in error was tried and convicted in the court below for tbe murder of his son James Dixon. On the trial, the prosecution offered as a witness one Henry S. Dean, who testified that he was a Justice of the Peace; that he knew Harriet Dixon — claimed to be the wife of defendant; that he married her in 1857 or 1858 to a man by the name of Phelps or Phillips; that he was a tall slim man with sharp features and black hair.
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Error to Branch Circuit. The plaintiff in error was tried and convicted in the court below for tbe murder of his son James Dixon. On the trial, the prosecution offered as a witness one Henry S. Dean, who testified that he was a Justice of the Peace; that he knew Harriet Dixon — claimed to be the wife of defendant; that he married her in 1857 or 1858 to a man by the name of Phelps or Phillips; that he was a tall slim man with sharp features and black hair. The prosecution then introduced Harriet Dixon as a witness; and asked her whether she was ever married by said Dean to any other person.…
1Opinion of the Court
Cecristiancy J.
Was Harriet Dixon — claimed by the defendant below to be his wife — properly admitted as a witness, against him?
This is the main question in the case; and the defendant having objected to her introduction, on the ground that she was his wife, the question is to be decided on common law principles, the statute not affecting the case.
It appeared from the preliminary examination of the woman (which must be treated as an examination upon the voir dire, 1 Greenl. Ev. 424), that she had been married to one John or Jonathan Phillips, Dec. 30, 1859, at Green Oak, Livingston County, in…
2Cited by17 opinions
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- Wenning v. TeepleIndiana Supreme Court · 1895
- Boulden v. McIntireIndiana Supreme Court · 1889
- Johnson v. JohnsonIllinois Supreme Court · 1885
- Maier v. BrockSupreme Court of Missouri · 1909
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