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STATE v. JAQUES

No. 11903.

256 N.W.2d 559 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. Richy JAQUES, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 14, 1977.

Rehearing Denied August 16, 1977.

Attorney(s) appearing for the Case

Peter H. Lieberman, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Michael A. Lyons, Sioux Falls, for defendant and appellant.

MORGAN, Justice.

The principal issue on this appeal is whether or not a defendant in a criminal prosecution for arson can effectively silence the state's star witness against him by marrying her before trial and thereby preclude the state from calling her as a witness or using her testimony given at a preliminary hearing. The state concedes that she cannot be called as a witness without her husband's consent. We hold that her previous testimony is likewise inadmissible...

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