State v. Wilcox
Supreme Court of Iowa
Appeal from Boone District Court. — G. D. Thompson, Judge. The controlling question is whether an assault by a husband with intent to commit rape is within the exception to Section 4606 of the Code, which permits one spouse to testify against the other “in a criminal prosecution for a crime committed one against the other.”
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Appeal from Boone District Court. — G. D. Thompson, Judge. The controlling question is whether an assault by a husband with intent to commit rape is within the exception to Section 4606 of the Code, which permits one spouse to testify against the other “in a criminal prosecution for a crime committed one against the other.” The conviction rests mainly upon permitting the wife of this appellant to testify against him on his trial, on the charge of having committed such an assault, and of which he was convicted, and from which conviction he appeals.
1Opinion of the CourtSalinger, J.
I. Section 4606 of the Code provides that:
1. Witnesses : husband and wife. “Neither the husband nor wife shall in any case be a witness against the other, except in a criminal prosecution for a crime committed one against the other.”
In State v. Chambers, 87 Iowa 1, and State v. Schultz, 177 Iowa 321, at 327, we held that the testimony was receivable on a prosecution for incest; in State v. Bennett, 31 Iowa 24, and State v. Hazen, 39 Iowa 648, on charge of adultery; and in State v. Sloan, 55 Iowa 217, and State v. Hughes, 58 Iowa 165, that it was competent on a prosecution for bigamy. The…
2Cases cited8 opinions
- State v. SloanSupreme Court of Iowa · 1880
- State v. ChambersSupreme Court of Iowa · 1893
- State v. HughesSupreme Court of Iowa · 1882
- State v. BennettSupreme Court of Iowa · 1870
- State v. ShultzSupreme Court of Iowa · 1916
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3Cited by5 opinions
- Cargill v. StateCourt of Criminal Appeals of Oklahoma · 1923
- Peters v. District Court of Iowa, Linn CountySupreme Court of Iowa · 1971
- Dunham v. DunhamSupreme Court of Iowa · 1920
- Lacey v. StateCourt of Criminal Appeals of Oklahoma · 1924
- O'Loughlin v. PeopleSupreme Court of Colorado · 1932