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PEOPLE v. BUTLER

Docket No. 81188.

430 Mich. 434 (1988)

424 N.W.2d 264

PEOPLE v. BUTLER

Supreme Court of Michigan.

Decided June 1, 1988.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Assistant Prosecuting Attorney, for the people.

Thomas E. Quarterman, for the defendant.

PER CURIAM:

The spousal privilege provided in MCL 600.2162; MSA 27A.2162 contains an exception for cases in which "the cause of action grows out of a personal wrong or injury done by one [spouse] to the other...." We hold today that an arson of a dwelling, under the circumstances of this case, is such a "personal wrong or injury" and that the victim may therefore testify in the prosecution of her spouse for that arson.

I

The prosecution has alleged...

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