Crawford v. State

The following opinion was filed March 22, 1898:

Cassoday, 0. J.

The plaintiff in error was tried and convicted of the crime of adultery, and sentenced to imprison*624ment in the state prison for the term of two years, and to reverse that judgment he’sues out this writ of error.

Upon the trial his wife was admitted as a witness in behalf of the state, and allowed to testify. This was manifest •error. It is well settled that “ neither husband nor wife can be a witness at common law for or against the other in prosecutions” for adultery. 2 Whart. Orim. Law (10th ed.); § 1786; 1 G-reenl. Ev. § 334; 3…