Legal Opinion

State v. Bernard

Supreme Court of Iowa

Decided December 13, 1876Published

Appeal from Buchanan District Court. The defendant was indicted and convicted of grand larceny, and sentenced to the penitentiary for two years and four months. From this judgment he now prosecutes his appeal.

1Opinion of the CourtBeck, J.

Upon the trial of the cause in the court below, the wife of defendant testified to material facts in his behalf. The court gave the following instruction to guide the jury in the consideration of her evidence:

i evidencewiie-criiuinai law. “ 4th. The laws of Iowa permit the wife to testify for her husband in a criminal case, but her peculiar relations to her husband render it incumbent on the jury to examine her testimony with peculiar care, and if, from the testimony, they are satisfied that what she said is true, they should give her testimony the credit of any other witness. But if, from…

2Cases cited2 opinions

  1. State v. GuyerSupreme Court of Iowa · 1858
  2. State v. RankinSupreme Court of Iowa · 1859

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