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STATE v. SMITH

384 A.2d 687 (1978)

STATE of Maine v. Clarence G. SMITH, Jr.

Supreme Judicial Court of Maine.

April 19, 1978.

Attorney(s) appearing for the Case

Thomas A. Berry (orally), Asst. Dist. Atty., Bath, for plaintiff.

Hart & Stinson, P. A. by Ronald W. Lupton (orally), Bath, for defendant.

Before DUFRESNE, C. J., and POMEROY, WERNICK, ARCHIBALD and DELAHANTY, JJ.

DELAHANTY, Justice.

The defendant, Clarence G. Smith, Jr., was convicted of breaking and entering with intent to commit a larceny1 by a Sagadahoc County Superior Court jury. On appeal the defendant claims that the presiding Justice erred in allowing the defendant's wife to testify as to certain "marital communications" inadmissible under 15 M.R.S.A. § 1315. We deny the appeal.

On the morning of November 19, 1974, the defendant...

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