United States v. Birch

said that the interest was direct and that the witness was incompetent.

E. J. Lee contended that evidence that the defendant’s wife sold, is not evidence that the defendant sold, and that the day must be proved as laid.

THE COURT said, if the selling by the wife was with the assent of the husband, it is to be considered as the selling by the husband.

Mr. Lee abandoned the point as to the day.

But THE COURT thought the day was not material.