STATE v. HOWELL

No. 3941.

596 P.2d 277 (1979)

STATE of New Mexico, Plaintiff-Appellant, v. Bernarr H. HOWELL, Jr., Defendant-Appellee.

Court of Appeals of New Mexico.

May 22, 1979.


Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Sammy J. Quintana, Asst. Atty. Gen., Santa Fe, Wesley R. Bobbitt, Asst. Dist. Atty., Carlsbad, for plaintiff-appellant.

Tom Cherryhomes, Carlsbad, for defendant-appellee.


OPINION

WOOD, Chief Judge.

Defendant is charged with child abuse contrary to § 30-6-1(C)(2), N.M.S.A. 1978 (Supp. 1978). We do not consider the proposed amendment to the information because the record does not show that the trial court has allowed the amendment. The trial court ruled that defendant's wife would not be permitted to testify as a witness for the prosecution; the State appealed. We discuss: (1) the husband-wife privilege; and (2) an issue...

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