Toth v. State

*459The Nebraska statute, section 20-1203, Comp. St. 1929, providing that “The husband can in no case be a witness against the wife, nor the -wife against the husband, except in a criminal proceeding for a crime committed by one against the other,” was intended by the lawmakers, in my opinion, to protect the hallowed institution of marriage.

When the husband destroys the marital relation, and by sexual depravity defiles his own daughter, the reason for preventing husband and wife from testifying against each other disappears.

When a good mother discovers the commission of such a felony, her anguish…