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STATE v. JOHNSTON

No. 86-0359-CR.

133 Wis.2d 261 (1986)

394 N.W.2d 915

STATE of Wisconsin, Plaintiff-Respondent, v. William N. JOHNSTON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 26, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant, there was a brief submitted by Steven P. Weiss, assistant public defender.

For the plaintiff-respondent, there was a brief submitted by Susan M. Zabel, assistant district attorney, of Barron county.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

William Johnston appeals his conviction for false swearing.1 Johnston argues that he was not under oath when he uttered the false statements because the clerk was not lawfully empowered to administer the oath. He also contends that his wife's testimony should have been excluded because it related to a private marital communication protected under sec. 905.05, Stats. We disagree and affirm the judgment.

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