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State vs. Mary E. Harris, Mary V. Harmon and Lottie Neil

Delaware Court of General Sessions1904-10-28
5 Penne. 14521 Del. 145

Authorities cited

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Opinion

majority opinion

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.)