¶1— The circuit court erred in allowing the wife to testify against .her husband.— Woods v. State, 76 Ala. 35; Owen v. State, 78 Ala. 425 ; Birge v. State, Ib. 435; Donnelly v. State, Ib. 453 ; 1 Whar. Cr. Law, §§ 768-9.
¶2Reversed and remanded.
81 Ala. 74
Merriwether v. State
Decided December 15, 1886
Supreme Court of Alabama · decided 1886-12-15
Tried before the Hon. John P. Hubbard. This was a prosecution for vagrancy, under section 4218 of the Code of 1876, instituted August 24, 1885, against the appellant, Ben Merriwether. On the trial, the State offered to introduce as a witness, Betsy Merriwether, the wife of the defendant, and the defendant objected to her being allowed to testify against him. The court overruled the objection and the defendant excepted.
Relies on Owen v. State · Woods v. State
Decided 1886-12-15