State v. Bennett
Supreme Court of Iowa
Appeal from Dirnn District Oowt. On the 13th day of June, 1870, Morgan L. Bennett, the husband of Harriet L. Bennett, filed an information before a justice of the peace of Linn county against the defendants, charging them with the crime of adultery. At the July term of the Linn district court, an indictment was returned against them for said crime. The defendants each pleaded not guilty, and demanded separate trials.
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Appeal from Dirnn District Oowt. On the 13th day of June, 1870, Morgan L. Bennett, the husband of Harriet L. Bennett, filed an information before a justice of the peace of Linn county against the defendants, charging them with the crime of adultery. At the July term of the Linn district court, an indictment was returned against them for said crime. The defendants each pleaded not guilty, and demanded separate trials. Thereupon, Harriet L. Bennett being placed upon trial, the State called as a witness Morgan L. Bennett, husband of said Harriet, who had commenced the prosecutión, filed the…
1Opinion of the Court
Day, Oh. J.
— “ The husband or wife shall in no case be a witness for or against the other, except in a criminal pro *25ceeding for a crime committed by one against tbe other.” Rev., § 3983. Is the adtdtery of the wife, in such sense, a crime committed against the husband, as to render him, under this section, a competent witness against her, in a criminal prosecution'for the offense ?. This question is one of first impression. Although many similar cases have been before this court, in which the testimony of the husband or wife was admitted, the competency of such testimony was always tacitly…
2Cited by18 opinions
- Hills v. StateNebraska Supreme Court · 1901
- State v. ChambersSupreme Court of Iowa · 1893
- Chamberlain v. StateWyoming Supreme Court · 1960
- Lord v. StateNebraska Supreme Court · 1885
- State v. SmithSupreme Court of Iowa · 1899
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