State v. . Guest
Supreme Court of North Carolina
The defendant and one A. E. Wilson were indicted in the Superior Court of Transylvania County for fornication and adultery. The female defendant pleaded guilty, and the defendant Guest was tried upon a plea of not guilty, before MacRae, I, at Spring Term, 1888, of said Court. One W. P. Wilson, the husband of the female defendant, was offered as a witness on behalf of the State, and objected to on the ground that he was incompetent.
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The defendant and one A. E. Wilson were indicted in the Superior Court of Transylvania County for fornication and adultery. The female defendant pleaded guilty, and the defendant Guest was tried upon a plea of not guilty, before MacRae, I, at Spring Term, 1888, of said Court. One W. P. Wilson, the husband of the female defendant, was offered as a witness on behalf of the State, and objected to on the ground that he was incompetent. The Court held that the wife having already pleaded guilty, and not being on trial, he was competent. The defendant excepted. “ Witness testified that the…
1Opinion of the Court
Davis, J.,
(after stating the facts). The first exception is, -to the competency of the husband of the co-defendant, to testify against, not his wife — for upon her plea of guilty, there was an end of the trial as to her — but against the defendant Guest, who alone is upon trial. It is settled, that persons indicted for fornication and adultery, may be tried separately, and though, from the very nature of the offence, one cannot be convicted after the acquittal of the other, nor, when tried together, can one be convicted and the other acquitted, yet when tried alone one may be convicted and…
2Cases cited5 opinions
- State v. . PippinSupreme Court of North Carolina · 1883
- State v. . KempSupreme Court of North Carolina · 1882
- State v. . PhippsSupreme Court of North Carolina · 1877
- State v. . LashleySupreme Court of North Carolina · 1881
- State v. . TallySupreme Court of North Carolina · 1876
3Cited by27 opinions
- State v. McClainSupreme Court of North Carolina · 1954
- Sykes v. StateTennessee Supreme Court · 1903
- Powell v. StricklandSupreme Court of North Carolina · 1913
- State v. . McDuffieSupreme Court of North Carolina · 1890
- Powell v. . StricklandSupreme Court of North Carolina · 1913
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