Byrd v. State
Mississippi Supreme Court
Ekror to the Circuit Court of Lafayette County. Hon. J. W. C. WatsoN, Judge. It was erroneous to allow the wife to testify against her husband. Cook v. Grange, 18 Ohio, 526. She is incompetent both because husband and wife are one person in the eye of the law, and also because it would destroy the confidence essential to the marriage relation if they could be witnesses against each other.
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Ekror to the Circuit Court of Lafayette County. Hon. J. W. C. WatsoN, Judge. It was erroneous to allow the wife to testify against her husband. Cook v. Grange, 18 Ohio, 526. She is incompetent both because husband and wife are one person in the eye of the law, and also because it would destroy the confidence essential to the marriage relation if they could be witnesses against each other. It cannot be supposed that the legislature designed by Code 1871, § 759, to change a rule which is based on such considerations. But it is evident, as well from a consideration of the old law as from the…
1Opinion of the Court
George, O. J.,
delivered the opinion of the court.
The plaintiff in error was indicted for arson and convicted. On the trial, his wife was offered by the prosecution as a witness against him. He objected to her competency; but the court, after informing her “ that she need not testify against her husband unless she was willing to do so, and that the law would not compel her,” adjudged that she was competent, if she testified willingly. The wife then proceeded to give very material testimony against her husband, a part of which was that the husband asked her to swear falsely in his behalf, as to…
2Cases cited5 opinions
- Edwards v. GauldingMississippi Supreme Court · 1859
- Hollman v. BennetMississippi Supreme Court · 1870
- Lockhart v. LukerMississippi Supreme Court · 1858
- Dunlap v. HearnMississippi Supreme Court · 1859
- Davis v. Doe ex dem. DelpitMississippi Supreme Court · 1853
3Cited by18 opinions
- State v. SchlenkerSupreme Court of Iowa · 1900
- Bossmiller v. StateWisconsin Supreme Court · 1902
- People v. Briggs, Oyer and Terminer, Albany County1880
- Carter v. StateMississippi Supreme Court · 1933
- State v. McGrathOregon Supreme Court · 1899
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