State v. Johnston

William Johnston appeals his conviction for false swearing. Johnston argues that he was not under oath when he uttered the false statements because the clerk was not lawfully empowered to administer the oath. He also contends that his wife’s testimony should have been excluded because it related to a private marital communication protected under sec. 905.05, Stats. We disagree and affirm the judgment.

The material facts are undisputed. Johnston was on trial for a first offense of operating a motor vehicle while intoxicated. During that trial, Johnston was called as an adverse witness. In the…