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STATE v. ENRIQUEZ

No. 148, September Term, 1991.

327 Md. 365 (1992)

609 A.2d 343

STATE OF MARYLAND v. MIKE MERCADO ENRIQUEZ.

Court of Appeals of Maryland.

July 24, 1992.

Attorney(s) appearing for the Case

Gary E. Bair, Asst. Atty. Gen., argued and on brief (J. Joseph Curran, Jr., Atty. Gen. and M. Jennifer Landis, Asst. Atty. Gen., on brief), Baltimore, for petitioner.

George E. Burns, Jr., Asst. Public Defender, argued and on brief (Stephen E. Harris, Public Defender, on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

MURPHY, Chief Judge.

This case concerns Maryland Code (1989 Repl.Vol.), § 9-105 of the Courts and Judicial Proceedings Article which provides: "One spouse is not competent to disclose any confidential communication between the spouses occurring during their marriage." The issue is whether the statutory privilege is applicable to a marital communication made by the husband to his wife ten days after the husband had criminally assaulted the wife.

I.

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