1131

Case No. 16,316.

UNITED STATES v. SMALLWOOD.

[5 Cranch, C. C. 35.]1

Circuit Court, District of Columbia.

Nov. Term, 1836.

COMPETENCY OF WITNESS.

[Upon an indictment of a husband for assault and battery upon his wife, the wife may testify for the government. Following U. S. v. Fitton, Case No. 15,106.]

Witness. Indictment [against Moses Small-wood] for assault and battery upon his wife. The wife was admitted to testify for the United States, on the authority of the case of U. S. v. Fitton [Case No. 15,106].

[Cited in U. S. v. Jones, 32 Fed. 570.]

1 [Reported by Hon. William Cranch, Chief Judge.]

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