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361 So. 2d 1207

State v. Spell

Supreme Court of Louisiana

Decided August 24, 1978

Supreme Court of Louisiana · decided 1978-08-24

Decided 1978-08-24

¶1In re: State of Louisiana, through the Honorable J. Nathan Stansbury, District Attorney, applying for writs of certiorari, prohibition and mandamus. Parish of Acadia.

¶2Writ denied. This court will not interfere with proceedings in the trial court dur*1208ing trial unless the ruling below is palpably incorrect.

SUMMERS, J.,

¶3is of the opinion the writ should be granted. The ruling of the trial judge that the witness was not unavailable is erroneous. Invoking the husband-wife privilege had the effect of making the wife unavailable. McCormick, Evidence, § 280, pp. 678-79 (2d ed. 1972).

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