United States v. White
Utah Supreme Court
Appeal from a judgment of tbe district court of tbe first district, and from an order refusing a new trial. Tbe opinion states tbe facts.
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Appeal from a judgment of tbe district court of tbe first district, and from an order refusing a new trial. Tbe opinion states tbe facts. Tbe court erred in admitting tbe testimony of appellant’s wife against bim, without bis consent: Laws 1882, sec. 30, p. 79; Laws, 1884, sec. 1156, subd. 1, p. 359. Prior tp tbe enactment of tliese statutes a wife could not testify against her husband in a criminal action or proceeding against bim, except in cases of criminal violence by bim upon her: Code Grim. Proc., sec. 421; Miles v.*U. 8., 103 U. S., 304. Tbe exceptions in tbe statutes of 1882 and 1884…
1Opinion of the Court
POWERS, J.:
Tlie defendant and appellant was indicted by tlie grand jury of tlie first district on tlie nintli day of January, 1886, and charged with the crime of uulawful cohabitation during the year 1884 with Diana White and Jane Eyfo White. He was arraigned on the indictment on the sixth day of March, 1886, and pleaded not guilty. The case coming on for trial, Jane Eyfe White was called and offered as a witness for the government. The appellant objected to her being sworn as a witness against him, on the ground that she was his legal wife, and therefore incompetent to testify against him.…
2Cases cited1 opinion
- State v. ArmstrongSupreme Court of Minnesota · 1860
3Cited by4 opinions
- State v. LevySupreme Court of Iowa · 1968
- Moore v. StateCourt of Criminal Appeals of Texas · 1903
- State v. VolpeSupreme Court of Connecticut · 1931
- State v. ChrismoreSupreme Court of Iowa · 1937