United States v. Kukilani

In this prosecution, under one indictment, of the alleged participants in adultery,the government offers as a witness the husband of the female defendant, to prove marriage, — not as against the wife, however, but only as against the other defendant, her alleged paramour.

The attorney for the defense objects on the ground that the incompetency of one spouse to testify against the other under the common law and under the Revised Laws of Hawaii, 1915, sec. 2613, renders such testimony as is here offered inadmissible, so long as the other spouse remains one of the defendants in the case.

The…