State v. McGrath

The defendant was indicted for and convicted of murder in the first degree, and from the judgment of death which followed he appeals. Upon the trial he offered himself as a witness, and gave testimony from which it might be inferred that the deceased had been criminally intimate with his wife. .In rebuttal the state called her as a witness, and, against his objections and protest, she was permitted to testify in reference to that matter ; and the admission of her testimony is the principal error assigned and relied upon to reverse the judgment. It is a firmly established rule of the common…