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COM. v. McBURROWS

779 A.2d 509 (2001)

COMMONWEALTH of Pennsylvania, Appellant v. Javan McBURROWS, Appellee.

Superior Court of Pennsylvania.

Filed June 1, 2001.

Attorney(s) appearing for the Case

Mary M. Killinger, Assistant District Attorney, Norristown, for Com., appellant.

Garrett D. Page, Norristown, for appellee.

Before: McEWEN, President Judge, DEL SOLE, KELLY, POPOVICH, JOHNSON, JOYCE, MUSMANNO, ORIE MELVIN and LALLY-GREEN, JJ.

ORIE MELVIN, J.

¶ 1 In this prosecution for murder in the first degree, the Commonwealth has appealed from the Order which granted in part the defense's omnibus pre-trial motion to suppress the testimony of the Appellee's wife on the grounds of spousal privilege pursuant to 42 Pa.C.S.A. § 5914. At issue is whether a wife's observation of her husband's disposal of the alleged murder weapon is a confidential communication between spouses protected under &...

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