Birge v. State

The defendant, a man, together with another, a female, were indicted under section 4184 of the Code of 1876, for living together in adultery. They were on trial together under the plea of not guilty. The h'usband of the female defendant was offered as a witness for the male defendant, and rejected by the court as incompetent to testify. This is the sole question this record presents.

“Husband and wife can not be witnesses for one another, nor regularly against one another; nor for or against any other person indicted and tried jointly with the husband or wife, for a joint offense. • • This…