Legal Opinion
Young v. Superior Court
California Court of Appeal
Decided April 3, 1961No. Civ. 19747PublishedCited by 8 opinions
1Opinion of the CourtBray, P. J.
Petition for writ of prohibition to compel the superior court to desist from further proceedings in a criminal case.
Question Presented
Has a husband physically injured by his wife a privilege to refuse to testify against the wife in a criminal action based on that injury?
Record
Defendant shot her husband, Jeremiah, inflicting two bullet wounds on his body. Thereafter she was charged with violation of section 217, Penal Code (assault on Jeremiah with intent to commit murder). At the preliminary examination, Jeremiah refused to testify, claiming privilege under section 1322, Penal Code. The…
2Cases cited16 opinions
- Kwong Hai Chew v. ColdingSupreme Court of the United States · 1953
- Lutwak v. United StatesSupreme Court of the United States · 1953
- Hawkins v. United StatesSupreme Court of the United States · 1958
- People v. AmayaCalifornia Supreme Court · 1952
- People v. CobbCalifornia Supreme Court · 1955
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. MathisCalifornia Supreme Court · 1965
- People v. SinohuiCalifornia Supreme Court · 2002
- Pueblo v. Matos RodríguezSupreme Court of Puerto Rico · 1961
- People v. GreenCalifornia Court of Appeal · 1965
- Fortes v. Municipal CourtCalifornia Court of Appeal · 1980
3 more not listed; retrieve them via the Exa API.