State v. Sieckmann

The defendant was prosecuted under an indictment charging him with rape of his daughter. At the foot of the indictment the name of Roseanna Estelle Sieckmann is listed as a witness examined before the grand jury. She apparently was the wife of the defendant. Defendant moved to dismiss the indictment upon the ground that it was “obtained by adducing privileged testimony to the Grand Jury.” No evidence in any form was submitted by either party. The trial court dismissed the indictment and granted leave to resubmit to the grand jury. The state appeals.

The defendant contends that the state has no…