STATE v. TETERS

No. 02-638.

91 P.3d 559 (2004)

2004 MT 137

STATE of Montana, Plaintiff and Respondent, v. Kelly James TETERS, Defendant and Appellant.

Supreme Court of Montana.

Decided May 25, 2004.


Attorney(s) appearing for the Case

For Appellant: Gordon H. Williams, Attorney at Law, Bozeman, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Ilka Becker, Assistant Attorney General, Helena, Montana, Marty Lambert, County Attorney; Ashley Harrington, Deputy County Attorney, Bozeman, Montana.


Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Kelly James Teters (Teters) appeals from a jury verdict rendered in the Eighteenth Judicial District Court, Gallatin County, finding him guilty of sexual intercourse without consent. We affirm.

¶ 2 The issues raised on appeal are as follows:

¶ 3 1. Did the District Court err in denying Teters' motion to exclude his wife's testimony that he was abusive?

¶ 4 2. Did the...

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