STATE v. SAVAGE

No. 85-46.

30 Ohio St. 3d 1 (1987)

THE STATE OF OHIO, APPELLEE, v. SAVAGE, APPELLANT.

Supreme Court of Ohio.

Decided April 1, 1987.


Attorney(s) appearing for the Case

C. Keith Plummer, prosecuting attorney, for appellee. Leyshon & Leyshon and Frank K. Leyshon, for appellant.


HOLMES, J.

It is a well-known rule that a spouse may not testify against the other spouse at a criminal trial. Evid. R. 501 provides for application of statutorily defined privileges, one of which is the privilege to exclude communications or acts made by a husband or wife in the other's presence. R.C. 2317.02(D). The privilege is held by the non-testifying spouse and may be applied to bar testimony of such communications or acts so long as they were not made "in...

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