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*1208ing trial unless the ruling below is palpably incorrect.

Dissenting Opinion

SUMMERS, J.,

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