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State v. Thornton

835 P.2d 216 (1992)

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State v. Thornton

Washington Supreme Court
835 P.2d 216 (1992)

  • Written by Tammy Boggs, JD

Facts

Robert Thornton (defendant) and Arlene Thornton were a married couple. In July 1990, Arlene obtained a no-contact order against Robert. Thereafter, while Arlene was at work, Robert allegedly entered her home without permission by breaking a window, damaged her personal property, and stole Arlene’s suitcase. A neighbor saw Robert in the home and called the police. Robert fled the scene. The state (plaintiff) charged Robert with residential burglary, and Robert moved to exclude Arlene’s testimony based on a rule of spousal incompetency. The rule precluded a wife from testifying against her husband without his consent unless she had been the victim of personal violence. The trial court granted Robert’s motion and dismissed the charge against him without prejudice. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Durham, J.)

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