State v. Mathers
Supreme Court of Vermont
Indictment for an assault with intent to commit rape. Trial by jury at the December term, 1890, Bennington county, Taft, J., presiding. Yerdict, guilty. The respondent excepted. The case appears in the opinion. Husband and wife are excluded from the privillege of testifying for or against each other as a matter of public policy. 1 Phil. Ev. 18; 1 Best Ev. s. 115; Stein v. Bowman, 13 Pet. 223, Barlcer v. Dixie, Cas. temp. Ilardw. 264; Bently v. Ooolc, 8 Doug. 422. 2 Kent.
Read the full summary
Indictment for an assault with intent to commit rape. Trial by jury at the December term, 1890, Bennington county, Taft, J., presiding. Yerdict, guilty. The respondent excepted. The case appears in the opinion. Husband and wife are excluded from the privillege of testifying for or against each other as a matter of public policy. 1 Phil. Ev. 18; 1 Best Ev. s. 115; Stein v. Bowman, 13 Pet. 223, Barlcer v. Dixie, Cas. temp. Ilardw. 264; Bently v. Ooolc, 8 Doug. 422. 2 Kent. Com. 119, 180; Com. v. Marsh, 10 Piet. 51; Robins v. King, 2 Leigh, 142, 144; Snyder v. Snyder, 6 Binn. 488; Corse v.…
1Opinion of the Court
The opinion of the coru’t was delivered by
ROWELL, J.
The prisoner-, being in jail 021 a charge of assault and battery with intent to commit rape, wrote a criminatory letter to his wife, intended for her alone, and gave it unsealed to one of his daughters to hand to her; but before delivery it was taken fr-om that daughter’s pocket by another daughter, and produced at the trial by the prosecution and offered in evidence. The prisoner objected to its admission, for that it was a confidential communication and therefore privileged. But it was admitted,. to which he excepted.
Conceding, without…
2Cases cited2 opinions
- Sanders v. Bank of KentuckyCourt of Appeals of Kentucky · 1859
- State v. BuffingtonSupreme Court of Kansas · 1878
3Cited by17 opinions
- Elkins v. United StatesSupreme Court of the United States · 1960
- Wolf v. ColoradoSupreme Court of the United States · 1949
- State v. StacySupreme Court of Vermont · 1932
- Agnello v. United StatesCourt of Appeals for the Second Circuit · 1923
- Imboden v. PeopleSupreme Court of Colorado · 1907
12 more not listed; retrieve them via the Exa API.