CHAMBERLAIN v. STATE

No. 2894.

348 P.2d 280 (1960)

Norman W. CHAMBERLAIN, Appellant (Defendant below), v. STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

January 5, 1960.


Attorney(s) appearing for the Case

Frank B. O'Mahoney of O'Mahoney & Gorrell, Worland, Thomas M. McKinney, Basin, for appellant.

Thomas O. Miller, Atty. Gen., and Ralph M. Kirsch, Special Asst. Atty. Gen., and W.M. Haight, Asst. Atty. Gen., Harold Joffe, County and Pros. Atty., Worland, for appellee.

Before BLUME, C.J., and PARKER and HARNSBERGER, JJ.


Mr. Justice HARNSBERGER delivered the opinion of the court.

Upon the prosecution of a father for the statutory rape of his thirteen-year-old minor child, the wife was permitted to testify against her husband in rebuttal. A jury convicted the defendant and he was sentenced to the penitentiary. The defendant appeals, relying upon the single ground there was prejudicial error in admitting testimony of his wife.

In the State's case in chief, the testimony of the...

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