State v. Houston
Supreme Court of Iowa
Appeal from Muscatine District Cowrt. The defendant was indicted for the murder of his wife’s father, one Henry Kelly, and was convicted of murder in the-second degree, and sentenced to the penitentiary for twenty-five years. He appeals.
1Opinion of the CourtAdams, J.
1. oBimiu-Ai. ' iulbiuui'aua51 mfe" I. Amelia M. Houston, wife of the defendant, was examined and testified before the grand jury. It is insisted by the defendant that that fact rendered the indictment void, and that the verdict cannot be allowed to stand. The wife cannot be a witness against her husband except in a criminal prosecution for a crime committed against her, and in a civil action brought by one against the other, but she may be a witness for him in all cases. Code, § 3641. When the grand jury have reason to believe that evidence within its reach will explain away the charge it…
2Cited by7 opinions
- State v. HurdSupreme Court of Iowa · 1897
- State v. . MitchemSupreme Court of North Carolina · 1924
- State v. OlanderSupreme Court of Iowa · 1922
- People v. Briggs, Oyer and Terminer, Albany County1880
- State v. SmithSupreme Court of Iowa · 1932
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