United States v. Gonella

MARIS, Circuit Judge.

This is an appeal from a judgment of conviction upon an indictment charging the appellant with conspiracy to violate the revenue laws in the manufacture and transportation of tax-unpaid spirits. The divorced wife of the appellant was called as a witness for the Government. She was permitted to testify over the objection of the appellant as to matters which occurred prior to the divorce and which connected the appellant with the conspiracy.

The appellant contends that under the rules of evidence applicable in the trial of criminal cases in the court below a wife may not…