State v. Miller

Appeal from Audrain Circuit Court.—Hon. E. M. Hughes, Judge. (1) It was error to overrule appellant’s objection to tbe competency of Mrs. Mortimer as a witness for tbe state. Sbe was tbe wife of Mortimer, wbo was, in law, a co-defendant, and charged with tbe same homicide. They were not indicted jointly, but tbe law required them to be. R. S. 1879, sec. 1811. Tbe state could take no advantage of its own wrong. Neither, under our statute or tbe common law, is a defendant, while a party to tbe record and bis case undisposed of, nor bis wife, a competent witness for tbe state against Ms…