Legal Opinion

State v. Worthing

Supreme Judicial Court of Maine

Decided July 1, 1849PublishedCited by 2 opinions

Exceptions, from the District Court, Rice, J. The defendant, and one Charles Worthing, were jointly indicted for an assault and battery, and had recognized t-o appear, &c. Charles Worthing did not appear, and was defaulted on his recognizance. The defendant went to trial alone. In his defence, he offered as a witness, the wife of said Charles, and she was rejected by the court, as being incompetent.

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Exceptions, from the District Court, Rice, J. The defendant, and one Charles Worthing, were jointly indicted for an assault and battery, and had recognized t-o appear, &c. Charles Worthing did not appear, and was defaulted on his recognizance. The defendant went to trial alone. In his defence, he offered as a witness, the wife of said Charles, and she was rejected by the court, as being incompetent. To that rejection, the defendant, after verdict against him, filed exceptions. 1. The wife was admissible. The case as to her husband was terminated. 1 Greenl. Ev. <§> 357. The doctrine laid down…

1Opinion of the CourtWeeks, J.

The defendant was indicted, with one Charles Worthing, for an assault. Charles was defaulted upon his recognizance, and did not appear at the trial, which proceeded against the defendant alone, who was found grrilty.

The defendant offered the wife of Charles Worthing, as a witness, but she was rejected, by the Judge of the District Court.

A wife is not a witness for a co-defendant in case of an assault, where the interests of all the defendants are inseparable. Yet where the grounds of defence are several and distinct, and in no manner dependent on each other, no reason is perceived, why the…

2Cited by2 opinions

  1. State v. BurnsideSupreme Court of Missouri · 1866
  2. State v. GyngardSupreme Court of Missouri · 1960

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