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STATE v. HOLMES

No. 8921SC525.

398 S.E.2d 873 (1990)

101 N.C. App. 229

STATE of North Carolina v. Benjamin F. HOLMES and Bernard Penn.

Court of Appeals of North Carolina.

May 15, 1990.

Attorney(s) appearing for the Case

Attorney Gen. Lacy H. Thornburg by Asst. Atty. Gen. Mabel Y. Bullock, for the State.

Crawford and Hough by David R. Crawford and William A. Hough, III, Winston-Salem, for defendant-appellant Holmes.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Daniel R. Pollitt, for defendant-appellant Penn.

ARNOLD, Judge.

I. Penn's Assignments of Error

Defendant Penn first assigns error to the Trial Court's admission into evidence of a privileged confidential communication between him and his wife in violation of N.C. Gen.Stat. § 8-57(c). He argues this violation was reversible error. We agree. N.C. Gen.Stat. § 8-57(c) provides that in criminal cases, "[n]o husband or wife shall be compellable in any event to disclose any confidential communication...

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