STATE v. LeFILS


209 Or. 666 (1957)

307 P.2d 1048

STATE OF OREGON v. LeFILS

Supreme Court of Oregon.

Reversed March 13, 1957.


Attorney(s) appearing for the Case

Francis W. Linklater, Hillsboro, argued the cause and filed a brief for appellant.

James K. Gardner, District Attorney, Hillsboro, argued the cause and filed a brief for respondent.

Before TOOZE, Acting Chief Justice, ROSSMAN, PERRY and McALLISTER, Justices.


REVERSED.

PERRY, C.J.

The defendant was convicted of an attempted assault upon his minor daughter, and from this conviction has appealed.

The defendant assigns as error the fact that over his own protest and the protest of his wife, the trial court compelled the wife to testify.

1, 2. At the trial, the state put Mrs. LeFils upon the witness stand and she positively stated that she did not desire to testify against her husband. Over her objection...

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