State v. Wilson
New York Court of General Session of the Peace
The defendant, Samuel E. Wilson, was indicted at this term for assault upon one Edward Damph with intent to murder the said Damph.
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The defendant, Samuel E. Wilson, was indicted at this term for assault upon one Edward Damph with intent to murder the said Damph. The State proved the following facts: That both Damph and the defendant Wilson lived in Philadelphia; that while living in Philadelphia the defendant had formed the acquaintence of one Mina Jarrell, after which the two lived together there as man and wife, though not married; that the defendant’s business took him away from Philadelphia frequently, and that while so away from the city, some months before the assault occurred, Mina Jarrell and Damph met by chance…
1Opinion of the Court
Grubb, J.:
—We are prepared to decide this question without hearing the other side. The Deputy Attorney-General has cited the case of State vs. Vincent R. Miller. If you will examine that case, as we have just done, you will find that there were a great many more facts furnished in that case than in this. We hold that there is not sufficient proof of a marriage before us to exclude the testimony of this witness at this stage, and therefore we refuse to exclude her testimony at this stage of the case. We consider that she is a competent witness in this case. Let her be sworn.
(The witness was…
2Cited by5 opinions
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- Freeman v. O'Neal Steel, Inc.District Court, N.D. Alabama · 1977
- In re Estate of James, Superior Court of California, County of San Francisco1897
- Wadsworth v. BrighamOregon Supreme Court · 1927