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STATE v. ADAMSON

No. 94-282.

72 Ohio St.3d 431 (1995)

THE STATE OF OHIO, APPELLANT, v. ADAMSON, APPELLEE.

Supreme Court of Ohio.

Decided July 5, 1995.

Attorney(s) appearing for the Case

R. Alan Corbin, Brown County Prosecuting Attorney, for appellant.

R. Scott Croswell III and Elizabeth E. Agar, for appellee.

Betty D. Montgomery, Attorney General, Richard A. Cordray, State Solicitor, and Simon B. Karas, Deputy Chief Counsel, urging reversal for amicus curiae, Ohio Attorney General.

PFEIFER, J.

Evid.R. 601(B) governs the competency of spouses to testify against each other regarding criminal activity. The rule provides:

"Every person is competent to be a witness except:

"* * *

"(B) A spouse testifying against the other spouse charged with a crime except when either of the following applies:

"(1) A crime against the testifying spouse or a child of either spouse is charged;

"(2) The testifying spouse elects...

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