21 Del. 145
New York Court of General Session of the Peace
Decided October 28, 1904
New York Court of General Session of the Peace · decided 1904-10-28
The prisoners,- being the mother-in-law, the wife, and the sister-in-law, respectively, of the prosecuting witness, were indicted for an Assault and Batteky upon the latter at his home in the town of Harrington. At the trial the prosecuting witness, Wilmore D. Harmon, was sworn and testified to the relations existing between himself and the prisoners and that Mary V. Harmon, one of the prisoners, was his wife.
Decided 1904-10-28
¶1—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/ ”
¶2Objection overruled.
¶3(The Court gave the usual charge in assault and battery cases.)
