COM. v. BYRD


689 S.W.2d 618 (1985)

COMMONWEALTH of Kentucky, Appellant, v. Kenneth BYRD, Appellee.

Court of Appeals of Kentucky.

May 10, 1985.


Attorney(s) appearing for the Case

David Armstrong, Atty. Gen., David A. Marye, Sp. Asst. Atty. Gen., Asst. Commonwealth's Atty., Lexington, for appellant.

V. Gene Lewter, Asst. Public Defender, Lexington, for appellee.

Before CLAYTON, GUDGEL and LESTER, JJ.


CLAYTON, Judge.

The Commonwealth of Kentucky appeals from an order of the Fayette Circuit Court prohibiting it from calling the wife of Kenneth Byrd, Tina Marie Byrd, to testify against him in a criminal trial arising from his indictment for first-degree robbery and being a second-degree persistent felony offender. Kenneth moved the trial court pursuant to KRS 421.210(1) to assert his marital privilege to exclude all confidential communications between himself and...

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