Tucker v. State
Supreme Court of Alabama
Appeal' from Choctaw Circuit Court. Tried before Hon. William E. Clakke. The facts are sufficiently stated in the opinion. cited 2 How. P. C. c. 46, § 70; 1 Greenl. Ev. § 343; 1 Phil. Ev. pp. 83-5; 2 Rus. on Or. (5th Amer. Ed.), 986 ; State v. Neill, 6 Ala. 685 ; 4 Allen, p. 491. (No brief came to the hands of the reporter.)
1Opinion of the Court
BRICKELL, O. J.
The appellant was indicted for an assault and battery on Sallie Tucker, shown to have been his wife *343at the time the offense was charged to have been committed. At the trial, he called and offered his said wife as a witness in his favor; but, on motion of the solicitor, the Oirpnit Court excluded her; to which the appellant excepted, and, having been convicted, now claims the exclusion as error.
In civil suits, at law and in equity, the principle of the common law, founded on the unity of the marriage relation, the identity of interest existing between husband and wife, and upon…
2Cases cited1 opinion
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
3Cited by2 opinions
- Clarke v. StateSupreme Court of Alabama · 1897
- Sauter & Adams v. ScrutchfieldMissouri Court of Appeals · 1887