State v. Rankin
Supreme Court of Iowa
Appeal from, the DesMoines District Court. Indictment for assault with intent to kill. On the trial, the prosecution called as witnesses, E. C. Hall, Abial Hall, and Maria Hall, who testified against the defendant. The wife of the defendant was then introduced on his part, whose testimony differed materially from theirs. She was the daughter of E, O. Hall, and the sister of the other witnesses.
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Appeal from, the DesMoines District Court. Indictment for assault with intent to kill. On the trial, the prosecution called as witnesses, E. C. Hall, Abial Hall, and Maria Hall, who testified against the defendant. The wife of the defendant was then introduced on his part, whose testimony differed materially from theirs. She was the daughter of E, O. Hall, and the sister of the other witnesses. The court instructed the jury as follows: “ The law permits the wife to testify for her husband in a criminal cause, buther peculiar relation to her husband, renders it incumbent upon the jury to…
1Opinion of the Court
Woodward, J.*-
-We think this instruction should not have been given. It is very similar to that in The State v. Guyer, 6 Iowa, 263, which this court held erroneous. No essential difference between them is perceived. The testimony of a wife is not to be thus marked and distinguished, from that of other witnesses. She should not be thus subjected to suspicion. Her relation to the defendant is, of itself, sufficiently calculated to excite this, and such remarks from the court, go to the jury with great weight, and add unjustly to the burden which that relation puts upon her. She is entitled to…
2Cases cited1 opinion
- State v. GuyerSupreme Court of Iowa · 1858
3Cited by2 opinions
- State v. NashSupreme Court of Iowa · 1859
- State v. BernardSupreme Court of Iowa · 1876