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Funk v. United States, Case Brief
Essay specific features
Written by:
Isaac C
Date added:
February 2, 2014
Level:
University
Grade:
A
No of pages / words:
3 / 629
Was viewed:
6489 times
Rating of current essay:
Essay content:
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...
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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. The ruling goes on to state that the law that should be followed in federal criminal cases should follow the statutes and laws already set down by the states in which the trial by jury is taking place...
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