State v. Todd

I respectfully submit that the court has not the authority to transpose the language of article 461 of the Code of Criminal Procedure so as to give it a meaning different from that which it expresses. ■ The part of the article which I refer to, and which was copied literally from Act No. 157 of 1916, p. 379, is this: “Neither husband nor wife shall be compelled to' be a witness on any trial upon an indictment, complaint or other criminal proceeding, against the other.” As the lawmakers wrote the language, and according to the rules of grammatical expression, the words “against the other” have…