recognizing that spousal privilege “is intended to protect confidential communications between 9 spouses”
How later courts described this case
- recognizing that spousal privilege “is intended to protect confidential communications between 9 spouses”
- recognizing that spousal privilege "is intended to protect confidential communications between spouses"
- wife did not testify as to a communication by giving physical evidence to police in response to question by officer
- "The established test is whether the language was manifestly intended or was of such character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to respond." (internal alteration and quotation marks omitted)
Written by the judges who cited it.
The opinion
Gunderson, J.,
concurring:
I also concur in the result only.