¶ 1 The Commonwealth appeals the trial court's order entered June 4, 2009, sustaining Appellee's motion in limine, and finding that the spousal competency privilege set forth in 42 Pa.C.S.A. § 5913 applies to Appellee's wife, where the couple has separated and filed for divorce, but remain legally married. We were surprised to find that consideration of the privilege within such circumstances...
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