State v. Smith

Jordan, Justice.

Certiorari was granted on the application of the state to determine if the Court of Appeals erred in holding that Code § 38-1604, as amended by Ga. L. 1957, p. 53, permits a wife to refuse to testify at a grand jury proceeding, on the ground that her testimony would incriminate her husband, where the grand jury is investigating alleged illegal drug transactions of a person other than her husband. See Smith v. State, 138 Ga. App. 683, 685 (227 SE2d 84) (1976).

Code § 38-1604, as amended by Ga. L. 1957, p. 53, provides in the first sentence: "Husband and wife shall be competent…