STATE v. BLEEKER

No. 68163.

327 N.W.2d 728 (1982)

STATE of Iowa, Appellant, v. Gary Lee BLEEKER, Appellee.

Supreme Court of Iowa.

December 22, 1982.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Michael Jordan, Asst. Atty. Gen., and Mary Richards, Story County Atty., for appellant.

Robert L. Huffer, Story City, for appellee.

Considered en banc.


HARRIS, Justice.

This appeal turns on an interpretation of Iowa Code § 622.7 (1981), our marital testimonial privilege statute. According to the jury verdict defendant viciously attacked Kenneth Zea with a wooden mallet. Zea, who was seriously injured by the attack, had been living as man and wife with defendant's estranged wife. The conviction was obtained in part by the wife's testimony. Following his conviction of willful injury (Iowa Code § 708.4 (1981...

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