STATE v. STEWARTSON

No. 82-1626.

443 So.2d 1074 (1984)

STATE of Florida, Appellant, v. Muriel E. STEWARTSON, Appellee.

District Court of Appeal of Florida, Fifth District.

January 19, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for appellant.

Kirk N. Kirkconnell of Muller & Kirkconnell, P.A., Winter Park, for appellee.


DAUKSCH, Judge.

This is an appeal from an order granting a motion in limine. The question on appeal is whether a letter written to one's spouse falls within the marital communications privilege even though the letter was intended to be delivered after the witness' death?

In a rather macabre fashion the state seeks to introduce into evidence a suicide note written by appellee to her husband just before she took a gun and shot herself in the chest intending...

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