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STATE v. HORNE

Docket No. A-0906-19T1.

231 A.3d 747 (2020)

463 N.J. Super. 224

STATE of New Jersey, Plaintiff-Appellant, v. Brian HORNE, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 2020.

Attorney(s) appearing for the Case

Steven J. Salvati , Assistant Prosecutor, argued the cause for appellant ( Charles A. Fiore , Gloucester County Prosecutor, attorney; Steven J. Salvati , on the brief).

Frank J. Hoerst, III , argued the cause for intervenor Irene Kropp.

Vincent J. Pancari , Vineland, argued the cause for respondent ( Capizola Pancari Lapham and Fralinger, PA, attorneys, join in the brief of intervenor Irene Knopp).

Before Judges Koblitz, Gooden Brown and Mawla.

The opinion of the court was delivered by

We determine in this case of first impression that the term "child" in the spousal privilege exception means an unemancipated child. See N.J.S.A. 2A:84A-17(2)(b) and N.J.R.E. 501(2)(b). Following an altercation with his twenty-seven-year-old stepson, Matthew...

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