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STATE v. WILSON

No. 49S05-0501-CR-6.

836 N.E.2d 407 (2005)

STATE of Indiana, Appellant (Plaintiff below), v. Dow WILSON, Appellee (Defendant below).

Supreme Court of Indiana.

Rehearing Denied February 6, 2006.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Joby Jerrells, Deputy Attorney General, Indianapolis, for Appellant.

Ellen M. O'Connor, Marion County Public Defender Agency, Indianapolis, for Appellee.

BOEHM, Justice.

We hold that one spouse is not precluded from testifying in a criminal prosecution of the other.

Factual and Procedural Background

In January 1999, Dow and Heidi Wilson, husband and wife, were approved for subsidized Section 8 housing. After the Indianapolis Housing Authority received a tip alleging that some of the information in the Wilsons' Section 8 housing applications was fraudulent, an investigation revealed questionable items...

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