New York Court of General Session of the Peace, 1904

State v. Harris

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

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

Counsel

Herbert H. Ward, Attorney-General, and Robert H. Richards, Deputy Attorney-General, for the State., Arley B. Magee and James M. Satterfield for the defendant.

Opinion of the Court

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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Case-law data current through December 31, 2025. Source: CourtListener bulk data.