State v. . Record

Indictment for larceny and receiving. There was a general verdict of guilty. Tbe defendant’s bouse was searched, and some of tbe stolen clothing were found banging on tbe wall in tbe defendant’s bed-room. His wife said they were her husband’s clothes. Tbe witness said that “tbe defendant was twenty feet outside door, in bearing distance.” Tbe defendant’s exceptions cannot be sustained. Although tbe wife is not a competent witness against tbe husband in tbe trial of a criminal action, her declarations, made in bis presence, are competent.

In People v. McRea, 32 Cal., 100, the Court says:…