STATE v. PETERS

A94A0229.

213 Ga. App. 352 (1994)

444 S.E.2d 609

THE STATE v. PETERS.

Court of Appeals of Georgia.

Decided May 27, 1994.


Attorney(s) appearing for the Case

Alan A. Cook, District Attorney, for appellant.

Michael R. Jones, Dickinson, Noel & Mixson, David F. Dickinson, for appellee.


SMITH, Judge.

This appeal presents a question of first impression in Georgia: whether the marital testimonial privilege under OCGA § 24-9-23 may be asserted when the marriage was entered into for the purpose of preventing the spouse's testimony. We conclude that the marital privilege statute is clear and unambiguous, that the facts of this case fall within none of the legislative exceptions to the statute, and that...

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