Goodwin v. State
Wisconsin Supreme Court
EkeoR to review a judgment of tbe circuit court for Dodge •county: Jambs J. Dice, Circuit Judge. Plaintiff in error was charged with assault with intent to kill his wife, Mary Goodwin, on May 29, 1900. The evidence for the prosecution was to the effect that some time between 10 and 11 o’clock of that evening, after the customers at his isaloon had all gone and the family had all retired to bed, defendant induced his wife to arise and go with him, ostensibly "to hold a…
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EkeoR to review a judgment of tbe circuit court for Dodge •county: Jambs J. Dice, Circuit Judge. Plaintiff in error was charged with assault with intent to kill his wife, Mary Goodwin, on May 29, 1900. The evidence for the prosecution was to the effect that some time between 10 and 11 o’clock of that evening, after the customers at his isaloon had all gone and the family had all retired to bed, defendant induced his wife to arise and go with him, ostensibly "to hold a lantern while he treated a sick horse; that he thereupon took her some fifteen rods to a seldom-used shed or •stable, and cast…
1Opinion of the CourtDodge, J.
1. An error assigned upon overruling the plea in abatement, for that the defendant’s preliminary examination was had upon the complaint sworn to by his wife, cannot be sustained. From early times the law has recognized the necessity of accepting the wife’s testimony to prove personal assaults upon her by the husband, as an exception to the general rule excluding the wife from testifying for or against her husband. Mills v. U. S. 1 Pin. 73, 74; Stein v. Bowman, 13 Pet. 209, 221; People v. Northrup, 50 Barb. 147, 156; Comm. v. Sapp, 90 Ky. 580, 14 S. W. 834.
2. Error is assigned because, after…
2Cases cited14 opinions
- Stein v. BowmanSupreme Court of the United States · 1839
- Fletcher v. StateSupreme Court of Georgia · 1892
- Buel v. StateWisconsin Supreme Court · 1899
- Covington v. StateSupreme Court of Georgia · 1887
- Commonwealth v. SappCourt of Appeals of Kentucky · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. ButlerSupreme Court of New Jersey · 1958
- State v. AndrusSupreme Court of Louisiana · 1967
- Wedmore v. StateIndiana Supreme Court · 1957
- State v. LooneySupreme Court of North Carolina · 1978
- State v. MillerWisconsin Supreme Court · 1967
13 more not listed; retrieve them via the Exa API.