State v. Spell
Supreme Court of Louisiana
State v. Spell, 361 So. 2d 1207 (La. 1978)
1978 La. LEXIS 6210
Summers
State v. Spell
Opinion of the Court
In re: State of Louisiana, through the Honorable J. Nathan Stansbury, District Attorney, applying for writs of certiorari, prohibition and mandamus. Parish of Acadia.
Writ denied. This court will not interfere with proceedings in the trial court dur
Dissenting Opinion
is of the opinion the writ should be granted. The ruling of the trial judge that the witness was not unavailable is erroneous. Invoking the husband-wife privilege had the effect of making the wife unavailable. McCormick, Evidence, § 280, pp. 678-79 (2d ed. 1972).
Reference
- Full Case Name
- STATE of Louisiana v. Thomas Rhuel SPELL
- Status
- Published