Commonwealth v. Mosier
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT EROM THE COURT OF QUARTER SES-' SIONS OE MCKEAN COUNTY* No. 396 January Term 1890, Sup. Ct.; court below, No. 21 February Term 1890, Q. S. On February 25, 1890, the grand jury returned as a true bill an indictment charging that Henry A. Mosier, on January 13, 1890, committed adultery with one Mrs. Lena Clayton, she not being his lawful wife, and he being a married man and having a lawful wife alive, to wit Annie Mosier.
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APPEAL BY DEPENDANT EROM THE COURT OF QUARTER SES-' SIONS OE MCKEAN COUNTY* No. 396 January Term 1890, Sup. Ct.; court below, No. 21 February Term 1890, Q. S. On February 25, 1890, the grand jury returned as a true bill an indictment charging that Henry A. Mosier, on January 13, 1890, committed adultery with one Mrs. Lena Clayton, she not being his lawful wife, and he being a married man and having a lawful wife alive, to wit Annie Mosier. By an indorsement upon the indictment, it appeared that Annie Mosier, the wife of the defendant, was among the witnesses who were examined before the grand…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
The second assignment alleges that the court below erred in refusing to quash the indictment because the wife of the defendant was examined before the grand jury as a witness, *235and testified against her husband contrary to law. It nowhere appears that she testified against her husband contrary to law. The defendant was indicted for the crime of adultery. The act of May 23, 1887, P. L. 158, expressly authorizes the wife to testify to the marriage, upon a charge of adultery against the husband. We have nothing here but the indorsement of the wife’s name as a…
2Cited by17 opinions
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