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STATE v. McGONIGAL

No. 9629.

403 P.2d 745 (1965)

STATE of Idaho, Plaintiff-Appellant, v. Jacob McGONIGAL, Defendant-Respondent.

Supreme Court of Idaho.

July 15, 1965.

Attorney(s) appearing for the Case

Allan G. Shepard, Atty. Gen., and Thomas G. Nelson, Deputy Atty. Gen., Boise, Dean Williams, Prosecuting Atty., Blackfoot, for appellant.

J. Blaine Anderson, Blackfoot, for respondent.

McFADDEN, Justice.

By information defendant Jacob McGonigal was charged with the crime of lewd conduct with a minor female. I.C. § 18-6607. During the course of his trial the State called his wife as a witness to testify against him. Defendant immediately objected to her testimony on the ground that she was disqualified as a witness by reason of I.C. § 19-3002,1 which objection was sustained. The State made an offer of proof...

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