People v. Trzeriak

This case presents question in prosecution on murder charge as to whether trial court properly admitted testimony that defendant told his wife that he intended to kill her, as well as eventual victim at issue in murder charge, even though defendant claimed that said statements were privileged under Illinois marital privilege law. Appellate Court, in reversing defendant's conviction, found that such statements were privileged from disclosure under 725 ILCS 5/115-16 since said statements were made to wife privately at time defendant and wife were still married and did not otherwise concern any limited exception that would permit disclosure of statements. Fact that statements were made at time when there was lack of marital harmony between defendant and wife was irrelevant.