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PEOPLE v. SAUNDERS

No. 4-96-0579.

680 N.E.2d 790 (1997)

288 Ill. App.3d 523

223 Ill.Dec. 840

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Fred E. SAUNDERS, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

June 2, 1997.

Attorney(s) appearing for the Case

Michael D. Clary, State's Attorney, Danville, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Linda Susan McClain, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for People.

Daniel D. Yuhas, Deputy Defender, Arden J. Lang, Asst. Defender, Office of State Appellate Defender, for Fred Saunders.

Justice GREEN delivered the opinion of the court:

This case concerns the meaning of the phrase "or as to matters in which either has acted as agent of the other" as it appears in section 115-16 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-16 (West Supp.1995)), which defines the husband and wife privileges against certain testimony by one spouse against another in criminal cases. Section 115-16 of the Code states, in part, as follows:

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