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STATE v. TEEL

No. 8407.

712 P.2d 792 (1985)

103 N.M. 684

STATE of New Mexico, Plaintiff-Appellant, v. Paul TEEL, Defendant-Appellee.

Court of Appeals of New Mexico.

December 10, 1985.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Elizabeth Major, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Morris Stagner, Dan B. Buzzard, Clovis, Winston Roberts-Hohl, Santa Fe, for defendant-appellee.

OPINION

GARCIA, Judge.

Defendant was indicted on a charge of fraud in excess of $2,500.00, in violation of NMSA 1978, Section 30-16-6 (Repl.Pamp. 1984). Defendant filed a motion in limine seeking to exclude the testimony of his former wife, Elizabeth Teel, based on the spousal confidential communication privilege of NMSA 1978, Evid.R. 505 (Repl. Pamp. 1983). Following a hearing on the motion, the trial court determined...

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