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STATE v. ANDERSON

239 Or. 200 (1964)

396 P.2d 558

STATE OF OREGON v. ANDERSON

Supreme Court of Oregon.

Reversed and remanded November 4, 1964.

Petition for rehearing denied December 15, 1964.

Attorney(s) appearing for the Case

Donald A. Bick, Eugene, argued the cause for appellant. On the briefs were Bick & Monte, Eugene.

William F. Frye, District Attorney, Eugene, argued the cause for respondent. With him on the brief was Joseph J. Brown, Deputy District Attorney, Eugene.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

The question presented in this case is whether or not a proxy marriage celebrated in Oregon is valid in this state. Specifically, the purported husband seeks to invoke ORS 139.320 to exclude his spouse's testimony in a criminal trial.

The defendant was arrested and indicted for the crime of assault with intent to rob while armed with a dangerous weapon. He was unable to post bail and

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