People v. James

FRICKE, J., pro tem.

Appeal from judgment and order denying a new trial. Defendant was convicted of a violation of section 288 of the Penal Code, the offense being committed upon his five-year-old daughter. The sole question presented on this appeal is whether it was error to permit appellant’s wife, the mother of the child, to testify against him over objection.

While the wife of a defendant in a criminal action is, under section 1322 of the Penal Code, generally not a competent witness against him, that section contains various exceptions to this general rule, among which is in cases of…