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STATE v. BURDEN

No. 59433-3.

120 Wn.2d 371 (1992)

841 P.2d 758

THE STATE OF WASHINGTON, Petitioner, v. STEVEN N. BURDEN, Respondent.

The Supreme Court of Washington, En Banc.

December 10, 1992.

Attorney(s) appearing for the Case

C. Danny Clem, Prosecuting Attorney, and Pamela B. Loginsky and Donald J. Porter, Deputies, for petitioner.

Roger A. Hunko, for respondent.

DOLLIVER, J.

Plaintiff, the State of Washington, appeals the trial court's ruling excluding third person testimony of extrajudicial statements made by Mary K. Burden, the wife of the defendant Steven N. Burden, based upon the spousal testimonial privilege in RCW 5.60.060(1).

On April 27, 1992, defendant Steven N. Burden was arrested in Kitsap County charged with one count of first degree possession of stolen property and three counts of investment of proceeds...

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