State v. Damm

I am not satisfied with the disposition, made by the majority of the court, of the assignment predicated upon the calling of defendant’s wife to the witness stand. I think the objection of the appellant to the conduct of the state’s áttorney is well taken. The state’s attorney was familiar with the provisions of section 2717, subd. 1, Rev. Code 1919, as amended by chapter 412, Laws 1921, to the effect that a wife cannot testify against her husband without his consent; he also knew, or could have known by asking defendant or his counsel, in the absence of the jury, that the defendant would not…