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STATE v. COX

No. 842SC649.

326 S.E.2d 100 (1985)

STATE of North Carolina v. Saunders H. COX.

Court of Appeals of North Carolina.

March 5, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. William B. Ray, Raleigh, for the State.

Hulse & Hulse by Herbert B. Hulse, Goldsboro, for defendant-appellant.

HEDRICK, Chief Judge.

Defendant first assigns error to admission of testimony by defendant's wife "as to confidential communication between him and his wife." N.C.Gen.Stat. Sec. 8-57 (Cum.Supp.1983) governs the competence and compellability of spouses as witnesses in criminal actions. G.S. 8-57 was rewritten by our Legislature in 1983, and the revised version is applicable in all criminal prosecutions instituted after 1 October 1983. Defendant was indicted for the...

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