Legal Opinion

Turnbull v. Commonwealth

Court of Appeals of Kentucky

Decided October 6, 1881PublishedCited by 4 opinions

Case 102 — INDICTMENT APPEAL FROM GRANT CIRCUIT COURT. Section 24, page 414, General Statutes, provides that “ neither husband nor wife shall be competent to testify for or against each other.” The statute applies alike to criminal as well as to civil cases. The alleged error of the court is not made one of the grounds for a new trial, and therefore this court will not consider it.

1Opinion of the CourtChief Justice Lewis

Appellant, Sarah J. Turnbull, and William Brown, being jointly indicted and tried for the crime of willful and malicious cutting and wounding her husband, Melvin Turnbull, *496she was, by the verdict of the jury, found guilty, and her punishment affixed at confinement in the penitentiary for the term of one year, and judgment against her was accordingly rendered. •

She has appealed from that judgment, and complains of an error of the coürt below in permitting her husband to testify as a witness upon the trial against her.

It is not necessary that the error of the court in admitting incompetent…

2Cases cited1 opinion

  1. Johnson v. CommonwealthCourt of Appeals of Kentucky · 1872

3Cited by4 opinions

  1. Commonwealth v. SappCourt of Appeals of Kentucky · 1890
  2. Thompson v. CommonwealthCourt of Appeals of Kentucky · 1906
  3. Jones v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
  4. Reynolds v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933

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