De Bardeleben v. State
Alabama Court of Appeals
Appeal from Circuit Court, Elmore County; Leon McCord, Judge. E. L. De Bardeleben was convicted of burning an insured house with the intent to defraud the insurer, and he appeals.
1Opinion of the CourtSamford, J.
[1] On the trial of the case, the wife of the defendant was, over the timely objection and exception of defendant and over her timely objection and protest, compelled to testify against her husband. It is not pretended by the Attorney General in brief that the court had the power or authority to compel the wife to testify in the case, over her objection and protest, but is contended that it was a privilege she alone could claim, and if wrong was done it was to her and not to the defendant, and hence he was not so injured as to warrant a reversal. To sustain this contention, we are cited to…
2Cases cited10 opinions
- Wynn v. McCraneySupreme Court of Alabama · 1908
- Park v. LideSupreme Court of Alabama · 1890
- Yonge v. BroxsonSupreme Court of Alabama · 1853
- Morgan v. Flexner & LichtenSupreme Court of Alabama · 1894
- Harris v. BradfordSupreme Court of Alabama · 1842
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3Cited by28 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Leverett v. StateAlabama Court of Appeals · 1922
- Kilpatrick v. StateCourt of Criminal Appeals of Alabama · 1973
- McKinney v. StateCourt of Criminal Appeals of Alabama · 1989
- Brandes v. StateAlabama Court of Appeals · 1920
23 more not listed; retrieve them via the Exa API.