State v. Burt
South Dakota Supreme Court
Error to circuit court, Brown county.' Hon. James H. McCoy, Judge. Willis H. Burt was convicted of incest, and he brings error.
1Opinion of the CourtHaney, P. J.
The defendant was convicted of incest with his daughter, and sentenced to imprisonment for the term of 10 years. , -It is contended that the judgment of the circuit court should be reversed because defendant’s wife was examined as a witness' on behalf of the state, without the defendant’s consent, and against his objection. As the wife’s testimony was decidedly damaging to the defendant, and proper and *8timely objections were interposed; a reversal is unavoidable if she was not a competent witness against her husband, without his consent. The statutes of this state contain the following…
2Cases cited8 opinions
- Bassett v. United StatesSupreme Court of the United States · 1890
- State v. SloanSupreme Court of Iowa · 1880
- State v. ChambersSupreme Court of Iowa · 1893
- State v. ArmstrongSupreme Court of Minnesota · 1860
- People v. LangtreeCalifornia Supreme Court · 1883
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3Cited by10 opinions
- State v. DammSouth Dakota Supreme Court · 1933
- Cargill v. StateCourt of Criminal Appeals of Oklahoma · 1923
- United States v. MasseyUnited States Court of Military Appeals · 1965
- State v. KniffenWashington Supreme Court · 1906
- Lacey v. StateCourt of Criminal Appeals of Oklahoma · 1924
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