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STATE v. THORNTON

No. 58273-4.

119 Wn.2d 578 (1992)

835 P.2d 216

THE STATE OF WASHINGTON, Appellant, v. ROBERT PAUL THORNTON, Respondent.

The Supreme Court of Washington, En Banc.

September 3, 1992.

Attorney(s) appearing for the Case

Norm Maleng, Prosecuting Attorney, and Scott Peterson, Deputy, for appellant.

Anna-Mari Sarkanen of Washington Appellate Defender Association, for respondent.

Ruth Laura Edlund on behalf of Northwest Women's Law Center, amicus curiae for appellant.

Catherine W. Smith on behalf of Washington Association of Criminal Defense Lawyers, amicus curiae for respondent.

DURHAM, J.

We are asked to decide if a wife can testify against her husband (the defendant) in a prosecution for burglary of her home. At issue is the scope of the exception to the spousal incompetency rule which applies when one spouse commits a crime against the other.

Defendant, Robert Thornton, is married to Arlene Thornton. On July 11, 1990, a no-contact order was entered in Renton Municipal Court against defendant. The certificate of probable cause filed...

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