Turner v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Grenada County. Hon. A. T. Roane, Judge. The case is stated in the opinion of the court. This was not a prosecution by the wife, who, on the contrary, lived on good terms with her husband. She was, therefore, incompetent, even if she had been willing, to testify. Byrd v. The State, 57 Miss. 243. But she objected. Surely this did not add to her competency.
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Appeal from the Circuit Court of Grenada County. Hon. A. T. Roane, Judge. The case is stated in the opinion of the court. This was not a prosecution by the wife, who, on the contrary, lived on good terms with her husband. She was, therefore, incompetent, even if she had been willing, to testify. Byrd v. The State, 57 Miss. 243. But she objected. Surely this did not add to her competency. Only where the wife prosecutes her husband for personal injuries can she testify against him. Anon., 58 Miss. 20. The statute (Code 1880, sect. 1601), in making her competent when introduced by the husband,…
1Opinion of the CourtCooper, J.
The appellant was indicted for an assault and battery committed upon the person of his wife. On the trial of the cause the wife was introduced by the State as a'witness to prove the •commission of the offence ; she objected to delivering her testimony, and thereupon the defendant protested against her being compelled to testify, and excepted-to the action of the court in'directing her so to do. It is conceded by counsel for the appellant that the wife was a competent witness ; but it is urged that she is such only for her own protection against the husband : that she may waive the protection…
2Cited by17 opinions
- State v. BrileySupreme Court of New Jersey · 1969
- Shores v. United StatesCourt of Appeals for the Eighth Circuit · 1949
- Wyatt v. United StatesSupreme Court of the United States · 1960
- Stubbs v. StateMississippi Supreme Court · 1983
- Tapp v. StateMississippi Supreme Court · 1977
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