United States v. Addatte

U.S. Circuit Court for the District of Eastern New York

United States v. Addatte

24 F. Cas. 763, 6 Blatchf. 76, 1868 U.S. App. LEXIS 1447

CourtU.S. Circuit Court for the District of Eastern New York

DecidedMarch 14, 1868

StatusPublished

Cited by2 cases

This text of 24 F. Cas. 763 (United States v. Addatte) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Addatte, 24 F. Cas. 763, 6 Blatchf. 76, 1868 U.S. App. LEXIS 1447 (circtedny 1868).

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Opinion

BENEDICT, District Judge.

I am of the opinion that the ruling at the trial was wrong, and that the witness was improperly excluded. On examining the question, I find the rule to be, that, when trials are separate, the wife may testify in favor of or against any one other than her husband, except in cases where the acquittal of one defendant works the acquittal of the rest, as in cases of conspiracy, and the like. It is not contended, in this case, that the acquittal of the prisoner would work the acquittal of the other defendant, and the wife of the latter was, therefore, a competent witness. The motion for a new trial is granted.

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BENEDICT, District Judge.

I am of the opinion that the ruling at the trial was wrong, and that the witness was improperly excluded. On examining the question, I find the rule to be, that, when trials are separate, the wife may testify in favor of or against any one other than her husband, except in cases where the acquittal of one defendant works the acquittal of the rest, as in cases of conspiracy, and the like. It is not contended, in this case, that the acquittal of the prisoner would work the acquittal of the other defendant, and the wife of the latter was, therefore, a competent witness. The motion for a new trial is granted.

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Bluebook (online)

24 F. Cas. 763, 6 Blatchf. 76, 1868 U.S. App. LEXIS 1447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-addatte-circtedny-1868.

Opinion

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