STATE v. COUNTS

Cr. No. 910002.

472 N.W.2d 756 (1991)

STATE of North Dakota, Plaintiff and Appellant, v. Ernest T. COUNTS, Defendant and Appellee.

Supreme Court of North Dakota.

July 31, 1991.


Attorney(s) appearing for the Case

Cameron D. Sillers (argued), State's Atty., Langdon, for plaintiff and appellant.

Laura J. Wetsch (argued), Langdon, for defendant and appellee.


LEVINE, Justice.

The State appeals from a district court order which denied in part its motion to compel Peggy Olson Counts to testify in a criminal proceeding against her husband, Ernest T. Counts. We dismiss the appeal.

On August 28, 1990, Ernest was charged with two counts of burglary that occurred on July 3, 1990. As part of their investigation of the burglaries, law enforcement officers interviewed Peggy in July 1990, and she implicated Ernest in the...

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