State v. Donovan
State v. Donovan
Opinion of the Court
Upon the trial the appellant introduced his wife, who was indicted -and on trial with him, as a witness in his behalf, and offered to prove by her that he did not, at the time and place charged in the indictment, keep a house where, intoxicating liquors were unlawfully sold, and fighting, drunkenness, etc., -were permitted. The witness was not allowed to testify, on the ground that her evidence would be in her own favor.
A wife may be a witness for her husband in a criminal-case. Code, section 3642. And when two or more are.
As the judgment must he reversed for the error pointed out, the case need not be further considered.
Eeversed.
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