State v. Harris

New York Court of General Session of the Peace

State v. Harris

58 A. 1042, 21 Del. 145, 5 Penne. 145, 1904 Del. LEXIS 39

CourtNew York Court of General Session of the Peace

DecidedOctober 28, 1904

StatusPublished

This text of 58 A. 1042 (State v. Harris) is published on Counsel Stack Legal Research, covering New York Court of General Session of the Peace primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Harris, 58 A. 1042, 21 Del. 145, 5 Penne. 145, 1904 Del. LEXIS 39 (N.Y. Super. Ct. 1904).

Pincite

Opinion

Lore, C. J.:

—In criminal cases, a husband is permitted to testify against his wife concerning an assault upon his own person. In Greenleaf on Evidence, Sec. 343, the rule is thus stated. “ Indeed Mr. East considered it to be settled that ‘ in all cases of personal injuries committed by the husband or wife against each other, the injured party is an admissible witness against the other/ ”

Objection overruled.

(The Court gave the usual charge in assault and battery cases.)

Free access — add to your briefcase to read the full text and ask questions with AI

Lore, C. J.:

—In criminal cases, a husband is permitted to testify against his wife concerning an assault upon his own person. In Greenleaf on Evidence, Sec. 343, the rule is thus stated. “ Indeed Mr. East considered it to be settled that ‘ in all cases of personal injuries committed by the husband or wife against each other, the injured party is an admissible witness against the other/ ”

Objection overruled.

(The Court gave the usual charge in assault and battery cases.)

Cite This Page — Counsel Stack

Bluebook (online)

58 A. 1042, 21 Del. 145, 5 Penne. 145, 1904 Del. LEXIS 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harris-nygensess-1904.