State v. Lewellyn

I dissent. In addition to the statement of facts, it may also be stated that about a month after the arrest of the defendant the husband was granted a decree of divorce; but on what grounds the decree was granted, or whether by default or otherwise, or when the divorce action was commenced, or whether it was pending during the time the detective was watching the movements of the wife and of the defendant, the record does not disclose. The husband, however, testified that he wanted the possession of the child and employed a detective “to get the evidence.”

It may readily be assumed that had the…