State v. Neill
Supreme Court of Alabama
Novel and difficult questions, from Dallas Circuit Court. The defendant was indicted for an assault and battery upon his wife. Upon the trial, he offered to introduce her as a witness, to disprove the charge, but the court, on motion of the solicitor, .■considering her incompetent, excluded her, and reserved the consideration of the question for this court. cited 2 Starkie’s Ev. 707; Arch. P. 148; Bull.
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Novel and difficult questions, from Dallas Circuit Court. The defendant was indicted for an assault and battery upon his wife. Upon the trial, he offered to introduce her as a witness, to disprove the charge, but the court, on motion of the solicitor, .■considering her incompetent, excluded her, and reserved the consideration of the question for this court. cited 2 Starkie’s Ev. 707; Arch. P. 148; Bull. N. P. 286; 1 Hale, 301;"'l Stew. 635; Green-leaf’s Ev. 391; 2 Hawk. 600. c,ited 2 Russell on Crimes, 550, top Page.-
1Opinion of the CourtOrmond, J.
Husband and wife cannot, in general, be witnesses for or against each other. The exclusion rests, not only on great principles of public policy resulting from the marriage relation, but also because their interests are identical. To this rule, there are certain exceptions, one of which is, that the wife may be a witness for the prosecution against the husband, to prove violence or injury to her person. This was so held in Lord Aud-ley’s case, and has been considered as law ever since. Can she in such a case be a witness for him to disprove the eharge. It is stated by Philips in his treatise…
2Cited by5 opinions
- Clarke v. StateSupreme Court of Alabama · 1897
- Sauter & Adams v. ScrutchfieldMissouri Court of Appeals · 1887
- Johnson v. StateSupreme Court of Alabama · 1891
- Miller v. StateSupreme Court of Alabama · 1871
- Whipp v. StateOhio Supreme Court · 1877