State v. West
Wisconsin Supreme Court
Reposted from the circuit court for Clark county: James O’Neill, Circuit Judge. The accused, Ellsworth West, was prosecuted for the crime of adultery. He was complained of jointly with bis alleged partner in crime, Irene Foreman. Upon a preliminary examination both were held for trial. Separate informations were filed, each being charged with having committed with the other the crime of adultery.
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Reposted from the circuit court for Clark county: James O’Neill, Circuit Judge. The accused, Ellsworth West, was prosecuted for the crime of adultery. He was complained of jointly with bis alleged partner in crime, Irene Foreman. Upon a preliminary examination both were held for trial. Separate informations were filed, each being charged with having committed with the other the crime of adultery. On the trial of West, the husband of Irene, at the request of the state and against objection by the accused, was permitted to testify in respect to the fact of marriage between himself and Irene,…
1Opinion of the CourtMarshall, J.
The rule is familiar that husband and wife cannot be witnesses for or against each other. Does that rule apply to the question in respect to which a decision is de*471sired? Restating the court’s question in a proper form, to the end that it may be answered affirmatively or negatively, it is this: Is the rule that neither husband nor wife can testify for or against the other confined to where the testimony, if given, would be by one directly for or against the other, such other being a party to the litigation ? It must be conceded that there is authority both ways in respect thereto, but it…
2Cases cited3 opinions
- Campbell v. StateSupreme Court of Alabama · 1901
- State v. DudleyWisconsin Supreme Court · 1859
- State v. WelchSupreme Judicial Court of Maine · 1846
3Cited by1 opinion
- People v. UptonMichigan Supreme Court · 1912