State v. Kephart
Citations
- 56 Wash. 561
- 106 P. 165
- 1910 Wash. LEXIS 846
Syllabus
<p>Witnesses — Competency—Husband and Wipe — Crimes Against Other Spouse — Arson. Under Bal. Code, § 5994, disqualifying a husband or wife from testifying against the other without the other’s consent, except in certain cases and in criminal cases “for a crime committed by one against, another,” the wife is incompetent to testify against the husband without his consent in a prosecution for the crime of arson in the burning of a barn belonging to the wife; as the offense is not a crime committed against her.</p> <p>Same. Bal. Code, §§ 7094, 7098, defining arson, and providing that a married woman commits the crime if the property set fire to belongs to her husband, creates no exception to the rule of evidence that one spouse cannot testify against the other, without the other’s consent, except in prosecutions for crime committed by one against the other.</p>
Judges: Chadwick
Read full opinion on CourtListenerCited by
11 cases in this archive cite this case.
- State v. DianaCourt of Appeals of Washington· 1979-12-20· cited 67×
- State v. ThompsonWashington Supreme Court· 1977-05-12· cited 55×
- State v. ThorntonWashington Supreme Court· 1992-09-03· cited 48×
- State v. WebbCourt of Appeals of Washington· 1992-04-30· cited 30×
- Breimon v. General Motors Corp.Court of Appeals of Washington· 1973-04-16· cited 18×
- In Re KelloggCalifornia Court of Appeal· 1940-12-06· cited 18×
- State v. MoxleyCourt of Appeals of Washington· 1971-12-20· cited 16×
- People v. SchletteCalifornia Court of Appeal· 1956-02-10· cited 10×
- Peters v. District Court of Iowa, Linn CountySupreme Court of Iowa· 1971-01-19· cited 8×
- State v. GrasserWashington Supreme Court· 1962-08-09· cited 7×
- State v. BeltnerWashington Supreme Court· 1910-10-28· cited 6×
Cites
1 case in this archive is cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.