Legal Opinion

Funk v. United States

Supreme Court of the United States

Decided December 11, 1933No. 394PublishedCited by 402 opinions

1Opinion of the CourtJustice Sutherland

The sole inquiry to be made in this case is whether in a federal court the wife of the defendant on trial for a criminal offense is a competent witness in his behalf. Her competency to testify against him is not involved.

The petitioner was twice tried and convicted in a federal district court upon an indictment for conspiracy to Violate the prohibition law. His conviction on the first trial was reversed by the circuit court of appeals upon a ground not material here. 46 F. (2d) 417. Upon the second trial, as upon the first, defendant called his wife to testify in his behalf. At both trials…

2Cases cited14 opinions

  1. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  2. Patton v. United StatesSupreme Court of the United States · 1930
  3. Logan v. United StatesSupreme Court of the United States · 1892
  4. Holden v. HardySupreme Court of the United States · 1898
  5. United States v. ReidSupreme Court of the United States · 1852

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3Cited by402 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. McNabb v. United StatesSupreme Court of the United States · 1943
  3. Dickerson v. United StatesSupreme Court of the United States · 2000
  4. New York State Rifle & Pistol Assn., Inc. v. BruenSupreme Court of the United States · 2022
  5. Trammel v. United StatesSupreme Court of the United States · 1980

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