United States v. Rispoli

CourtU.S. District Court — Eastern District of Pennsylvania
CitationUnited States v. Rispoli, 189 F. 271 (E.D. Pa. 1911)
Decision Date14 June 1911
Docket Number18.
PartiesUNITED STATES v. RISPOLI.

Jasper Yeates Brinton, Asst. U.S. Atty.

David Phillips, contra.

J. B McPHERSON, District Judge.

The court overruled the defendant's objection of privilege and permitted the witness to be examined, on the ground that the offense charged was against the wife's person as really as if the defendant were charged with threatening to inflict physical violence, or of having actually struck her. In cases where the wife's personal rights were concerned the exceptions to the husband's privilege should be benevolently regarded, and the offense in question was essentially within...

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10 cases
  • United States v. Williams
    • United States
    • U.S. District Court — District of Minnesota
    • 26 Abril 1944
    ...supra; Cohen v. United States, 9 Cir., 1914, 214 F. 23, certiorari denied 235 U.S. 696, 35 S.Ct. 199, 59 L.Ed. 430; United States v. Rispoli, D.C. Pa.1911, 189 F. 271; see, also, Pappas v. United States, 9 Cir., 1917, 241 F. 665; United States v. Bozeman, D.C.Wash.1916, 236 F. 432. It is un......
  • United States v. Mitchell
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 8 Noviembre 1943
    ...241 F. 665; Cohen v. United States, 9 Cir., 214 F. 23, certiorari denied 235 U.S. 696, 35 S.Ct. 199, 59 L.Ed. 430; United States v. Rispoli, D.C.E.D.Pa., 189 F. 271; United States v. Bozeman, D.C.W.D.Wash., 236 F. 432.3 In the only case which has ruled otherwise, Johnson v. United States, 8......
  • Wyatt v. United States
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 18 Febrero 1959
    ...D.C.Minn. 1944, 55 F.Supp. 375, 380; 8 Wigmore, Evidence, 3rd ed. 1940, § 2239, pp. 255, 256, notes 10 and 12. 6 United States v. Rispoli, D.C.E.D.Pa. 1911, 189 F. 271, 273; Cohen v. United States, 9 Cir., 1914, 214 F. 23, 29; United States v. Bozeman, D.C.W.D. Wash.1916, 236 F. 432; Pappas......
  • Alford v. Territory of Hawaii, 13519.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 29 Junio 1953
    ...Ed. 1492. 4 We here assume the testimony of the wife was competent evidence. We consider the question under Point 4. 5 United States v. Rispoli, D.C.Pa.1911, 189 F. 271; Pappas v. United States, 9 Cir., 1917, 241 F. 665; Denning v. United States, 5 Cir., 1918, 247 F. 463; United States v. M......
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