State v. Frey
Supreme Court of Minnesota
Defendant was indicted in the district court for Hennepin county of the crime of carnally knowing and abusing a female child under the age of 16 years. On the trial before Lancaster, J., then a judge of said court, and a jury, the state produced the prosecutrix as a witness and desired to prove its. case by her. To this defendant objected on the ground that she was at that time his wife, and offered to introduce evidence showing that fact.
Read the full summary
Defendant was indicted in the district court for Hennepin county of the crime of carnally knowing and abusing a female child under the age of 16 years. On the trial before Lancaster, J., then a judge of said court, and a jury, the state produced the prosecutrix as a witness and desired to prove its. case by her. To this defendant objected on the ground that she was at that time his wife, and offered to introduce evidence showing that fact. The court, assuming the marriage to have been proved, denied the motion of defendant to exclude her testimony, and permitted her to testify. ’The jury…
1Opinion of the Court
¡START, O. J.
The defendant was indicted and placed upon trial on the charge of carnally knowing a female child under the age of 16 years. The ¡state called the prosecutrix as a witness against the defendant, and proposed to prove the commission of the crime by her. Thereupon the defendant objected to her proposed testimony, on the ground ¡that she was his wife, and in support of his objection duly offered to prove by competent evidence that since the commission of the .alleged offense he and the prosecutrix were duly and in all respects •lawfully married. The trial court ruled that for the…
2Cases cited3 opinions
- State v. EvansSupreme Court of Missouri · 1897
- Vanderburgh v. BassettSupreme Court of Minnesota · 1860
- People v. SchoonmakerMichigan Supreme Court · 1898
3Cited by16 opinions
- Lutwak v. United StatesSupreme Court of the United States · 1953
- State v. SchifskySupreme Court of Minnesota · 1955
- State v. VolpeSupreme Court of Connecticut · 1931
- State v. GianakosSupreme Court of Minnesota · 2002
- Norman v. StateTennessee Supreme Court · 1912
11 more not listed; retrieve them via the Exa API.