State v. Sieckmann

Defendant waived jury trial, was convicted by the court of rape upon a daughter and was sentenced to five years’ imprisonment. He appeals.

On July 24, 1967, defendant was indicted for rape upon a daughter. One of the witnesses endorsed on the indictment was Roseanna Estelle Sieckmann, apparently the wife of defendant. Defendant moved to dismiss the indictment upon the ground it was “obtained by adducing privileged testimony to the Grand Jury,” and on September 18,1967, the trial court dismissed the indictment on this basis. The state appealed, and on September 25,1968, the Supreme Court, over…