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PEOPLE v. SANDERS

No. 57801.

99 Ill.2d 262 (1983)

457 N.E.2d 1241

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. ROBERT SANDERS, Appellee.

Supreme Court of Illinois.

Opinion filed December 16, 1983.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Richard M. Daley, State's Attorney, of Chicago (Michael B. Weinstein, Assistant Attorney General, and Michael E. Shabat, Marie Quinlivan, and Stephen Erhard Eberhardt, Assistant State's Attorneys, of Chicago, of counsel), for the People.

Ralph Ruebner, Deputy Defender, of the Office of the State Appellate Defender, of Chicago (Daniel D. Maynard, Laura N. Jasinsky, Charles R. Saulsberry, of Winston & Strawn, of counsel), for appellee.

Reversed and remanded.

JUSTICE SIMON delivered the opinion of the court:

The principal issue raised by this appeal is the construction and application to be given to the Illinois statute which prohibits husband and wife from testifying in criminal trials as to any communication or admission made one to the other or as to any conversation between them (Ill. Rev. Stat. 1981, ch. 38, par. 155-1). More precisely, the...

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