State v. Adams
New York Court of General Session of the Peace
Indictment for Wife Beating One of the issues was whether the accused was the husband of the prosecutrix who was unable to make formal proof of their marriage. They had lived together as husband and wife, and seven children had resulted from the relation. The question of marriage was submitted to the jury to be determined by them from the evidence and instruction of the court upon the law.
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Indictment for Wife Beating One of the issues was whether the accused was the husband of the prosecutrix who was unable to make formal proof of their marriage. They had lived together as husband and wife, and seven children had resulted from the relation. The question of marriage was submitted to the jury to be determined by them from the evidence and instruction of the court upon the law. At the trial, the state proved that the assault was made upon the prosecutrix by the accused, as alleged in the indictment. The proof as to marriage was substantially as follows: That the parties lived…
1Opinion of the CourtWoolley, J.
We sustain the objection, not upon the point made in the argument, but rather upon the point that the witness is not the proper kind of witness to testify to the reputation in which she is held by others. Others can testify as to such a reputation, but she cannot.
When the state rested, Mr. Garrett, counsel for defendant, moved that the jury be instructed to bring in a verdict of not guilty, on the ground that no marriage had been proved except the bare statement of the prosecuting witness concerning her marriage and contended that in a criminal charge of as high a grade as wife beating,…
2Cases cited2 opinions
- State v. MillerNew York Court of General Session of the Peace · 1902
- State v. OaksNew York Court of General Session of the Peace · 1910
3Cited by2 opinions
- State v. FosterNew York Court of General Session of the Peace · 1948
- Owens v. BentleySuperior Court of Delaware · 1940