WITNESSES--COMPETENCE OF DEFENDANT'S SPOUSE AS WITNESS FOR THE PROSECUTION

Defendant, on trial for the offense of transporting across state lines a sum of money exceeding $5,000 feloniously obtained by fraud, was convicted largely through the testimony of his victim. The fraud charged consisted of a lightning courtship and hasty marriage, closely followed by the disappearance of the new husband along with the entire estate of the too-gullible bride. Over the objection of the defendant, his wife was permitted to testify to the swindle practiced upon her. After conviction, he filed a motion for a new trial, contending that it was error to permit a wife to testify against her husband in a criminal prosecution where the essence of the offense charged was the felonious taking of her property.

Held, the testimony was admissible in evidence, the common law rule being now outmoded in the light of reason and experience. United States v. Graham, (D.C. Mich. 1949) 87 F. Supp. 237.