Williams v. State

The defendant was convicted of assault with intent to murder. The State, after having introduced evidence, rested its ease subject to the introduction later of the testimony of the attending physician. The defendant then offered his wife as a witness. She was examined out of the presence of the jury, and her testimony tended to vindicate the defendant on the theory of self-defense. The solicitor-general objected to the admission of her testimony on the ground that she was an incompetent witness, under the Code, § 38-1604, which declares: “Husband and wife shall not be competent or compellable…