State v. Fewerwerker

The state of Ohio is appealing the trial court’s decision that appellee’s wife, the only eyewitness to the crime, is not competent to testify against her husband at this trial for the aggravated murder of Paul Roth. Ap-pellee was indicted on one count of aggravated murder with gun specification of Paul Roth, his wife’s father, under R.C. 2903.01, and one count of felonious assault with gun specification of Sharon Fewerwerker, his wife, under R.C. 2903.11. 1

Appellee moved to have his wife disqualified from testifying at his trial for the murder of Paul Roth under Evid. R. 601(B) on the ground…