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

New York Court of General Session of the Peace·Decided October 28, 1904·Published

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.)

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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.)

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

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