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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