Commonwealth v. Acker

Satterthwaite, J.,

— The sole problem presently before the court is a very narow one, May a wife testify as a witness for the Commonwealth at the separate trial of her husband’s alleged paramour on an indictment charging fornication with the husband when the husband has already been acquitted of adultery alleged to have arisen out of the same facts? *76Such testimony was received, but the trial resulted in a mistrial for reasons not presently material. Subsequent thereto, defendant filed an application for her discharge on the ground that the evidence was insufficient to sustain the indictment, a…