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Some Observations on the Law of Evidence: Family Relations

By Donald Slesinger and Robert M. Hutchins

Abstract

E XCEPT In cases of necessity\u27 the wife was incompetent totestify for or against her husband at common law Cokesuggests that the reason for the rule lay in the fact that husbandand wife were one, and naturally could not be divided for thepurposes of testimony Although the courts soon got beyond thisdoctrine, they insisted on the value of the rule. They argued thatspouses, though perhaps not physically identical, were identicalin interest. When disqualification by interest was removed, thejudges bad to take other ground, and did so in Stapleton vCrofts.\u27 There they decided that the true basis for the rule wasthe necessity of martial harmony and confidence

Topics: law and evidence, family relations, testimony, Courts, Evidence, Law, Legal History
Publisher: Yale Law School Legal Scholarship Repository
Year: 1929
OAI identifier: oai:digitalcommons.law.yale.edu:fss_papers-5553
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