State v. Witchey

FOSHEIM, Chief Justice.

The trial court granted Defendant Joel Witchey’s (Defendant) pretrial motion to suppress certain voluntary testimony by Defendant’s former wife (wife). We granted an appeal from that intermediate order and now reverse.

In early January of 1985, Defendant was charged with rape in violation of SDCL § 22-22-1. State alleges Defendant forced a young woman to perform oral sex with him after he followed her into an alley near her home as she returned from work in the late hours of October 6 or the early morning hours of October 7,1979. The evidence will show that Defendant’s…