Liles v. State ex rel. Johnson
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; I. The court erred in allowing appellee to testify as to 'the non-access of her former husband. The law is well settled that neither the husband nor the wife shall be allowed to deny sexual intercourse. Jones Com. on Ev., vol. 1, p. 464; 112: Ky. 888; 66 S. W. 1036; 6 A. & E. Ann. Cas. 816 (notes); 2 Enc.
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; I. The court erred in allowing appellee to testify as to 'the non-access of her former husband. The law is well settled that neither the husband nor the wife shall be allowed to deny sexual intercourse. Jones Com. on Ev., vol. 1, p. 464; 112: Ky. 888; 66 S. W. 1036; 6 A. & E. Ann. Cas. 816 (notes); 2 Enc. Ev. 240; 3 MacArthur (D. C.) 64. 2. The court erred in allowing witnesses, Mrs. Wimberly, Ode Wimberly, Groodner and Rogers, to testify about a settlement of the matter. 8 Enc. Ev. 174; 123 Iowa 427; 73 Minn. 101. Admissions and…
1Opinion of the CourtKirby, J.
This is a bastardy proceeding, and from the judgment against him in the circuit court, appellant brings this appeal, claiming for reversal that the- court erred in allowing the mother of the child, a married woman, who was living with her husband 'at the time of its birth, to testify that she 'had not cohabited with her husband, Marvin Stevens, for four or five years before the appellant had the sexual intercourse with her.
It appears from the testimony of Nora Johnson that she was the mother of an illegitimate child, born on March 7, 1914, which she alleged was begotten by appellant, a…
2Cases cited1 opinion
- Kennedy v. StateSupreme Court of Arkansas · 1915
3Cited by4 opinions
- Thomas v. BarnettSupreme Court of Arkansas · 1958
- Adams v. AdamsSupreme Court of Vermont · 1930
- Reed v. StateSupreme Court of Arkansas · 1953
- In Re Thomas'estateSupreme Court of Arkansas · 1958