
    STATE of Louisiana v. Thomas Rhuel SPELL.
    No. 62897.
    Supreme Court of Louisiana.
    Aug. 24, 1978.
   In re: State of Louisiana, through the Honorable J. Nathan Stansbury, District Attorney, applying for writs of certiorari, prohibition and mandamus. Parish of Acadia.

Writ denied. This court will not interfere with proceedings in the trial court during trial unless the ruling below is palpably incorrect.

SUMMERS, J.,

is of the opinion the writ should be granted. The ruling of the trial judge that the witness was not unavailable is erroneous. Invoking the husband-wife privilege had the effect of making the wife unavailable. McCormick, Evidence, § 280, pp. 678-79 (2d ed. 1972).  