STATE v. HILL

No. 725.

85 S.E.2d 411 (1955)

241 N.C. 409

STATE v. Delos Avern HILL, Jr.

Supreme Court of North Carolina.

January 14, 1955.


Attorney(s) appearing for the Case

Atty. Gen. Harry McMullan and Asst. Atty. Gen. Claude L. Love for the State.

Spears & Spears, Durham, for defendant, appellant.


PER CURIAM.

G.S. § 8-57, since the 1951 amendment, provides expressly that a wife is a competent witness against her husband in a criminal prosecution for bigamous cohabitation under G.S. § 14-183 "to prove the fact of marriage." Here the wife's testimony goes beyond the prescribed limit. This is conceded by the Attorney-General.

In State v. Setzer, 226 N.C. 216, 37 S.E.2d 513, 514, this Court conceding, without deciding, that G.S. § 8-57, before...

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