State v. Willis

This is a proceeding by the State under the provisions of Neb. Rev. Stat. § 29-2315.01 (Reissue 1985). It seeks to review the ruling by the district court for Custer County, Nebraska, sustaining the defendant’s plea in abatement. We sustain the exception.

The defendant, Charles Willis, was charged with first degree sexual assault of Diana Willis. Defendant filed a plea in abatement. At the conclusion of the hearing the district court ruled that at common law a husband could not be found guilty of raping his wife and that the common law applied in Nebraska. Because Charles Willis was the…