State v. Welch
Supreme Judicial Court of Maine
Welch was indicted for the crime of adultery. On his trial the husband of the woman, with whom the criminal act was alleged to have been committed, was called as a witness in behalf of the State. He was objected to as incompetent, but admitted. The jury returned a verdict of guilty, and the counsel for Welch filed exceptions, to the decision of the Judge, admitting the witness.
1Opinion of the Court
The opinion of the Court was drawn up by
TeNNey J.
— The defendant is indicted for the crime of adultery, and the question is, whether the husband of the woman with whom it is alleged to have been committed, is a competent witness to testify to the act. Neither the husband or wife of the party is competent to give evidence against such party. The reason for the exclusion is founded partly on the identity of interest, and partly on a principle of public policy, which deems it necessary to guard the security and confidence of private life, even at the risk of an occasional failure of justice. 1…
2Cases cited2 opinions
- Inhabitants of Canton v. BentleyMassachusetts Supreme Judicial Court · 1814
- State v. GardnerSupreme Court of Connecticut · 1793
3Cited by7 opinions
- State v. BridgmanSupreme Court of Vermont · 1876
- People v. QuanstromMichigan Supreme Court · 1892
- Selden v. StateWisconsin Supreme Court · 1889
- Thomas v. StateSupreme Court of Georgia · 1902
- State v. WestWisconsin Supreme Court · 1903
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