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STATE v. RAHMAN

No. 84-1961.

23 Ohio St. 3d 146 (1986)

THE STATE OF OHIO, APPELLEE, v. RAHMAN, A.K.A. SMILEY, APPELLANT.

Supreme Court of Ohio.

Decided April 30, 1986.

Attorney(s) appearing for the Case

John W. Allen, prosecuting attorney, and Jerry E. Ault, for appellee.

Randall M. Dana, public defender, and S. Adele Shank, for appellant.

I

CELEBREZZE, C.J.

Appellant first contends that, pursuant to R.C. 2945.42,1 his wife was not competent to testify against him at trial. Appellant further argues that allowing his wife to testify concerning privileged marital communications was substantial, prejudicial error in contravention of R.C. 2945.42. Although we reject the first of these contentions, we find merit in the second.

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