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142 Ala. 56

Wester v. State

Supreme Court of Alabama

Decided November 15, 1904

Supreme Court of Alabama · decided 1904-11-15

Tried before the Hon. John H. Disque. The appellant in this case was indicted, tried and convicted for abandoning his family and leaving them in danger of becoming a burden to the public. The indictment was preferred and filed in court on September 26, 1902. The State introduced Tandy Wester, the wife of the defendant. The defendant objected to the examination of his wife as a witness upon the ground of incompetency.

Relies on Hopt v. People of the Territory of Utah

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-15

How this case has been cited

Cited by 7 later decisions — most recently June 1983

7 state decisions

20190419101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SIMPSON, J.

¶1There was no error in allowing the wife of the defendant to testify in this case. — Acts, 1903. p. 32.

¶2This act is not an ex post facto- law, within the meaning of the constitutional provision. “A statute which simply enlarges the class of persons who may be competent to testify, is not ex post facto in its application to *58offenses previously committed.” — Hopt v. People of Utah, 110 U. S. 575; Mrous v. State, (31 Tex. Crim. Rep. 597) 37 Am. St. Rep. 834.

¶3The questions asked the ’witnesses Jasper Roan and Luther Jolly were leading, and, in addition, while- the testimony sought to be elicited, might possibly have been competent in connection with other circumstances tending to- prove adultery on the part of defendant’s wife, yet, as there was no' other testimony tending that way, and tiie defendant was permitted to ask the witnesses the direct question as to whether they had committed adultery with her, which questions were answered in the negative, there was no error in sustaining the objection to this testimony.

¶4The judgment of the court is affirmed.

McClellan, C.J., Tyson and Anderson, J. J., concurring.
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