Legal Opinion

Miller v. Carter

Court of Appeals of Kentucky

Decided September 14, 1973PublishedCited by 4 opinions

1Opinion of the Court

GARDNER, Commissioner.

Pursuant to a jury verdict in this intersection-accident case, Sally Miller, appellant, was denied recovery for personal injuries. We reverse.

Appellant’s husband attempted to invoke the privilege of not testifying, when called by appellee, as provided by KRS 421.-210(1), which is as follows:

“In all actions between husband and wife, or between either or both of them and another, either or both of them may testify as other witnesses, except as to confidential communications between them during marriage, provided, however, that in an action for absolute divorce or divorce…

2Cases cited3 opinions

  1. Harold L. Peek, Jr., and Susanna E. Peek v. United StatesCourt of Appeals for the Ninth Circuit · 1963
  2. Hall v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1948
  3. Wiglesworth v. WrightCourt of Appeals of Kentucky (pre-1976) · 1954

3Cited by4 opinions

  1. Bixler v. CommonwealthKentucky Supreme Court · 2006
  2. Smith v. CommonwealthKentucky Supreme Court · 1990
  3. Washington v. StateCourt of Criminal Appeals of Texas · 1975
  4. Bixler v. CommonwealthKentucky Supreme Court · 2006

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