UNITED STATES v. ALLERY

No. 75-1310.

526 F.2d 1362 (1975)

UNITED STATES of America, Appellee, v. Fred Louis ALLERY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 9, 1975.


Attorney(s) appearing for the Case

David Garcia, Devils Lake, N. D., for appellant.

Eugene K. Anthony, Asst. U. S. Atty., Fargo, N. D., for appellee.

Before HEANEY, BRIGHT and HENLEY, Circuit Judges.


HEANEY, Circuit Judge.

Fred Allery appeals from his conviction by a jury of attempting to rape his twelve-year-old daughter, in violation of 18 U.S.C. § 1153 and § 12-30-01 of the North Dakota Century Code, and the subsequent sentence of one year and one day.

There is one major question raised on appeal. Allery asserts that the trial court erred in allowing his wife to testify against him as to his actions on the evening of the attempted rape and...

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