State v. Ellis

Evans, Judge.

This is an appeal by the state from a judgment of the Court of Common Pleas of Hardin County granting the motion of the defendant, Robert Ellis, to exclude the testimony of his wife during his criminal trial.

Appellee’s indictment arose out of the theft of money from a convenience store. The theft was facilitated by appellee’s girlfriend, Danielle Bowers, who was an employee of the business. Danielle was a minor at the time of the theft.

Based upon the report of a police interview with Danielle, wherein she described the modus of the theft and identified appellee as her…