COMMONWEALTH v. GARCIA

No. 14-P-1238.

89 Mass. App. Ct. 67 (2016)

COMMONWEALTH v. DOUGLAS GARCIA.

Appeals Court of Massachusetts, Essex.

February 16, 2016.


Attorney(s) appearing for the Case

Michelle Menken for the defendant.

Catherine Langevin Semel , Assistant District Attorney, for the Commonwealth.

Present: VUONO, AGNES, & MALDONADO, JJ.


This appeal raises the issue whether the spousal disqualification set forth in G. L. c. 233, § 20, First, which bars a spouse from testifying "as to private conversations with the other," applies when one spouse has disclosed the substance of a private conversation to a third party.

The defendant was convicted by a jury of...

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