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STATE v. MOWERY

No. 81-1607.

1 Ohio St. 3d 192 (1982)

THE STATE OF OHIO, APPELLANT, v. MOWERY, APPELLEE.

Supreme Court of Ohio.

Decided August 11, 1982.

Attorney(s) appearing for the Case

Mr. Michael Miller, prosecuting attorney, and Mr. Alan C. Travis, for appellant.

Thomas M. Tyack & Assoc. Co., L.P.A., and Mr. Thomas M. Tyack, for appellee.

KRUPANSKY, J.

The issue certified to this court is whether R.C. 2945.42 and Evid. R. 601(B) allow a spouse to be a competent witness in a criminal prosecution against the other spouse as to a crime against a third person, not a child of either spouse, where the crime is committed in the presence of the third person, as well as in the presence of the testifying spouse. We conclude the relevant authority does permit a spouse to testify in such a situation, and therefore...

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