Berger v. State

Dr. Clift P. Berger was convicted by the Circuit Court for Garrett County, sitting as a jury, on an indictment containing two counts charging (1) an unnatural and perverted sexual act upon a certain woman contrary to statute, Code, art. 27, sec. 578, and (2) assault and battery upon her.

The appellant took an exception to the refusal of the trial court to allow his wife to answer the following question: “Will you state whether or not you noticed any sex abnormalities by Dr. Berger, during any period of your married life?” It is a general rule of the common law that testimony as to general…