Osborne v. Commonwealth

Opinion of the Court by

Judge Clay

Reversing.

Appellant was convicted of the offense of unlawfully manufacturing intoxicating liquor, and bis punishment fixed at a fine of $100.00 and 60 days’ imprisonment in tbe county jail.

The principal ground urged for a reversal is that the evidence was obtained by a search made under a search warrant based on an affidavit made by appellant’s wife. With certain exceptions not here material, neither the husband nor the wife can testify against the other. Subsection 1, section 606, Civil Code. The Commonwealth insists that the prohibition applies only to an…