State v. Evans
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Aon. William S. Heendon, Judge. The circuit court committed error in permitting the defendant’s wife to testify against him, for she was 'incompetent as a witness to prove any act or offense of defendant committed by him before the marriage under our statute as well as at common law.
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Appeal from Clinton Circuit Court. — Aon. William S. Heendon, Judge. The circuit court committed error in permitting the defendant’s wife to testify against him, for she was 'incompetent as a witness to prove any act or offense of defendant committed by him before the marriage under our statute as well as at common law. R. S. 1889, sec. 4218. The rule of the common law excluding husband and wife from testifying for or against each other, is based for the most part upon that ground of public policy which demands the preservation and harmony of the marital relation. Stein v. Boioman, 13 Pet.…
1Opinion of the CourtQ-antt, P. J.
The appellant was indicted and convicted in the circuit court of Clinton county of rape and sentenced to eight years’ imprisonment in the penitentiary. The indictment charges that Othello M. Evans on or about August 3, 1894, in and upon one Aggie De La Verne, a female child under the age of fourteen years, to wit, of the age of thirteen years, unlawfully and feloniously did make an assault and her the said Aggie De La Verne then and there unlawfully and feloniously did carnally know and abuse, against the peace and dignity of the State.
The evidence tended to show that on July 13,1894, the…
2Cases cited4 opinions
- State v. UlrichSupreme Court of Missouri · 1892
- State v. WillisSupreme Court of Missouri · 1894
- State v. BerlinSupreme Court of Missouri · 1868
- State v. ArnoldSupreme Court of Missouri · 1874
3Cited by20 opinions
- State v. KollenbornSupreme Court of Missouri · 1957
- State v. ScottSupreme Court of Missouri · 1903
- People v. InmanMichigan Supreme Court · 1946
- State v. DunbarSupreme Court of Missouri · 1950
- People v. CurialeCalifornia Supreme Court · 1902
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