State v. Bean
Missouri Court of Appeals
Appeal from Dent Circuit Court. — No». L. B. Wood-side, Judge. The well known and settled rule of law is that tbe lawful wife of a man is in no case competent to testify against him", or to make affidavits in any legal proceeding adverse to him, unless she be tbe immediate and direct object of tbe crime of misdemeanor complained of, and in cases of high treason.
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Appeal from Dent Circuit Court. — No». L. B. Wood-side, Judge. The well known and settled rule of law is that tbe lawful wife of a man is in no case competent to testify against him", or to make affidavits in any legal proceeding adverse to him, unless she be tbe immediate and direct object of tbe crime of misdemeanor complained of, and in cases of high treason. This doctrine is fully recognized in our Supreme Court in tbe case of State v. Hannah Coleman, 14 Mo. 119; Roscoe on Crim. Ev. 112-114; Commonwealth v. Easland, 1 Mass. 15; State v. Anthony, 1 McCord 285; Rex v. Sergeant, 21 Eng. Com.…
1Opinion of the CourtBland, P. J.
Based on the affidavit of the wife of the defendant, an information, charging him with wife abandonment, was filed in the circuit court and chiefly on her testimony he was convicted.
The contention of the appellant in the trial court was and is here, that the wife is not a competent witness against her husband, and for this reason is not such a person as is authorized to make an affidavit as a basis for filing an information as provided by section .2477, R. S. 1899. Neither the husband nor wife is, at common law, a competent witness for or against the other in a civil or criminal cause in…
2Cases cited7 opinions
- Bassett v. United StatesSupreme Court of the United States · 1890
- State v. BurlingameSupreme Court of Missouri · 1898
- State v. KodatSupreme Court of Missouri · 1900
- State v. WillisSupreme Court of Missouri · 1894
- Maget v. MagetMissouri Court of Appeals · 1900
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3Cited by6 opinions
- State v. KollenbornSupreme Court of Missouri · 1957
- United States v. LeachUnited States Court of Military Appeals · 1956
- Norman v. StateTennessee Supreme Court · 1912
- Commonwealth Ex Rel. Berardino v. BerardinoSuperior Court of Pennsylvania · 1929
- Bailey v. Canadian Shield General Insurance Co.Supreme Court of Missouri · 1964
1 more not listed; retrieve them via the Exa API.