Johnson v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant in this case, Wesley Johnson, was indicted for an assault and battery on his wife. On the trial, Mrs.. Johnson, his wifi, was introduced by the State as a witness, “but-refused to testify unless under compulsion by the court.”
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From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant in this case, Wesley Johnson, was indicted for an assault and battery on his wife. On the trial, Mrs.. Johnson, his wifi, was introduced by the State as a witness, “but-refused to testify unless under compulsion by the court.” It-was admitted that she had never made any complaint against him, nor testified as a witness against- him on account of the assault, before the grand jury, the committing magistrate, or any court or officer; and she had been attached and detained in custody as a witness, in…
1Opinion of the CourtMcCLELLAN, J.
— The sole exception reserved on this record goes to the action of the trial court in compelling the defendant’s wife to testify on his trial upon a charge of assault and battery committed upon her person. The right oí the wife to testify in such case, her competency as a witness, is admitted. We do not think there can be any doubt of the power of the •court to compel her to testify. She is made competent for her own protection not as an individual simply, but as an individual member of society, and that society — the public — has an interest in her testimony, to the end that crime may be…
2Cases cited5 opinions
- Cotton v. StateSupreme Court of Alabama · 1888
- Woods v. StateSupreme Court of Alabama · 1884
- Turner v. StateMississippi Supreme Court · 1882
- Bramlette v. StateCourt of Appeals of Texas · 1886
- State v. NeillSupreme Court of Alabama · 1844
3Cited by10 opinions
- De Bardeleben v. StateAlabama Court of Appeals · 1918
- McCoy v. StateSupreme Court of Alabama · 1930
- McGee v. StateAlabama Court of Appeals · 1912
- Berry v. StateAlabama Court of Appeals · 1937
- Watson v. StateSupreme Court of Alabama · 1913
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