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Essay Details:
Essay text:
46 F.2d 417. In both trials the defendant called upon his wife to testify on his behalf and she was excluded both times on grounds of incompetency. The Federal Circuit Court of Appeals sustained this ruling after both trials. 66 F.2d 70.
Issue:
What law is applicable to the determination of the competency of the wife of the petitioner as a witness?
Decision of the Court:
The Supreme Court reversed the Appeals Court ruling.
Reasoning of the Court:
The Supreme Court first found in the Reid case that the rule of common law did not apply to the Reid case. This is because the state of Virginia had already passed a statute stating that the evidence would not be competent in criminal cases, only in civil cases...
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