McGee v. State
Alabama Court of Appeals
Appeal from Russell Circuit Court. Heard before Hon. Mike Sollie. y/illiam McGee was .convicted of assault and battery upon his wife, .and he appeals.
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Appeal from Russell Circuit Court. Heard before Hon. Mike Sollie. y/illiam McGee was .convicted of assault and battery upon his wife, .and he appeals. The wife was not a competent witness against .the husband. — Robinson v. Robinson, 44 Ala. 227. Having permitted her to be introduced, the court erred in permitting another witness to give testimony in direct. conflict with that given by the wife. — Winston v. M.osely, 2 Stew. 137. The court erred in not permitting the witness to exhibit her injured limb- to the jury. — King v. The State, 100 Ala. 85. Dr. Elrod did not qualify as an expert — A.…
1Opinion of the Court
de GBAFFENBIED, J.
The defendant was indicted for assaulting his wife with the intent to murder her.
1. So far as the evidence discloses, there were but three witnesses to the alleged offense, the defendant, the *56wife, and another woman, Emma Frierson. The State introduced the wife as a witness,- and, against the objection of the defendant, she was permitted to testify as a witness against her said husband. It has always been the rule that, in criminal prosecutions against a husband, for acts Of personal violence against the wife, the wife is a competent witness against him. The reason for this…
2Cases cited15 opinions
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Tarver v. StateSupreme Court of Alabama · 1869
- Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1896
- Chapman v. StateSupreme Court of Alabama · 1885
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- James W. Parker v. United StatesCourt of Appeals for the D.C. Circuit · 1966
- City of Birmingham v. ThompsonSupreme Court of Alabama · 1981
- State v. DunbarSupreme Court of Missouri · 1950
- B'ham Ry. L. & P. Co. v. ColemanSupreme Court of Alabama · 1913
- Bailum v. StateAlabama Court of Appeals · 1921
18 more not listed; retrieve them via the Exa API.