State v. . Parker

Clark, J.:

The first assignment of error is, that a witness for the State was allowed to testify, after objection, that the defendant was forty years of age, and that he stated this upon information had from defendant’s sister. As it did not affirmatively appear that the sister was dead at the time of the trial, the evidence was improperly admitted. Hodges v. Hodges (at this term), and cases there cited.

The defendant testified that she was tbiriy-six years old at the trial, with the view of showing that she was about thirteen years of age at the time of the alleged first marriage. The evidence…