People v. Trzeciak

(Dissent upon denial of rehearing.) Defendant was convicted, after jury trial, of murder. Trial court admitted statement of Defendant's wife that he had, while beating her, threatened to kill her and the victim. Statement was properly admitted, as marital privilege did not apply, because Defendant did not make statement in reliance on the confidences of marriage, and statement was not motivated by reliance on intimate special trust and affection of marital relationship. Thus, statement was not confidential and was not protected by the marital privilege. (GARMAN, FREEMAN, THOMAS, and KILBRIDE, concurring; THEIS and KARMEIER, specially concurring. THEIS, KILBRIDE, and KARMEIER, dissenting upon denial of rehearing.)