No. 394.

290 U.S. 371 (1933)


Supreme Court of United States.

Decided December 11, 1933.

Attorney(s) appearing for the Case

Mr. John W. Carter, Jr., with whom Mr. Charles A. Hammer was on the brief, for petitioner.

Assistant Solicitor General MacLean, with whom Solicitor General Biggs and Messrs. A.W.W. Woodcock and W. Marvin Smith were on the brief, for the United States.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

The sole inquiry to be made in this case is whether in a federal court the wife of the defendant on trial for a criminal offense is a competent witness in his behalf. Her competency to testify against him is not involved.

The petitioner was twice tried and convicted in a federal district court upon an indictment for conspiracy to violate the prohibition law...

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