United States v. Allery

HEANEY, Circuit Judge.

Fred Allery appeals from his conviction by a jury of attempting to rape his twelve-year-old daughter, in violation of 18 U.S.C. § 1153 and § 12-30-01 of the North Dakota Century Code, and the subsequent sentence of one year and one day.

There is one major question raised on appeal. Allery asserts that the trial court erred in allowing his wife to testify against him as to his actions on the evening of the attempted rape and as to previous alleged sexual misconduct with the prosecutrix and other minor female children in their family. We affirm.

Allery and his wife testified…