State v. Bleeker

HARRIS, Justice.

This appeal turns on an interpretation of Iowa Code § 622.7 (1981), our marital testimonial privilege statute. According to the jury verdict defendant viciously attacked Kenneth Zea with a wooden mallet. Zea, who was seriously injured by the attack, had been living as man and wife with defendant’s estranged wife. The conviction was obtained in part by the wife’s testimony. Following his conviction of willful injury (Iowa Code § 708.4 (1981)) defendant moved for a new trial and persuaded the trial court to reverse a trial ruling which allowed Mrs. Bleeker’s testimony over…