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COMMONWEALTH v. FERGUSON

No. 1035 Criminal 1990.

9 Pa. D. & C. 4th 169 (1990)

Commonwealth v. Ferguson

Common Pleas Court of Cumberland County, Pennsylvania.

December 12, 1990.

Attorney(s) appearing for the Case

Edward E. Guido, assistant district attorney, for the Commonwealth.

Timothy J. Clawges, for defendant.

BAYLEY, J., December 12, 1990.

On November 21, 1990, defendant was found guilty by a jury on a count of driving under the influence.1 On November 30, he filed a post-trial motion seeking a new trial, alleging that the court erred in its denial of the claim of a spousal privilege by Joyce Ferguson. Prior to trial, we held a hearing, after which the following order was entered:

"The Commonwealth may call Joyce Ferguson as...

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