State v. Woods

The opinion of the court was delivered by

Dawson, J.:

The appellant was convicted of statutory rape, and appeals. After the prosecuting witness had given her testimony at defendant’s preliminary examination, and shortly before his trial in the district court, he married the girl and now contends that it was error to permit her to testify against him. He cites the statute—

“. . . No person on trial or examination, nor wife or husband of such person, shall be required to testify except as a witness on behalf of the person on trial or examination. . . .” (R. S. 62-1420.)

It does not appear, however,…