State v. McMullins

The appellee, Sarah McMullins, was indicted for the crime of arson. She was charged with burning a building belonging to her husband- and usually occupied by him at night.

Sarah McMullins and her husband had separated and were living in different houses, but had not been divorced. The state sought to introduce the husband as a witness against the appellee, and to prove by him certain statements made by Sarah McMullins in reference to the burning, with the view of making out a case against the defendant. The court refused to permit this testimony to be introduced, and the state appeals from the…