State v. Jaroslowski

Citations

• 30 Del. 108
• 7 Boyce 108
• 103 A. 657
• 1918 Del. LEXIS 26

Syllabus

<p>1. Witnesses—Husband and Wife—Competency of Wife—Statute.</p> <p>A husband charged with the murder of his child cannot, by a claim of privilege, prevent his wife from testifying for the state; Rev. Code 1915, § 4216, making her testimony competent.</p> <p>2. Criminal Law—Verdict—Recommendation to Mercy—Statute.</p> <p>Laws 1917, c, 266. providing that in all criminal cases where the penalty is death, if the jury shall recommend defendant to the mercy of the court, it may impose sentence of life imprisonment instead of death, means that the jury shall so recommend only where the facts in evidence warrant it.</p>