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EDWARDS v. COM.

Record No. 1942-93-1.

457 S.E.2d 797 (1995)

20 Va. App. 470

Juannito H. EDWARDS, S/K/A Juanitto H. Edwards v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

June 6, 1995.

Attorney(s) appearing for the Case

Karen M. Vannan, Yorktown (Buxton, Lasris & Vannan, P.C., on brief), for appellant.

Michael T. Judge, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., on brief), for appellee.

Present: BARROW, KOONTZ and ELDER, JJ.

BARROW*, Judge.

This criminal appeal challenges the admissibility of the testimony of the defendant's former wife concerning several statements the defendant made to her and items she found among the defendant's belongings during their marriage. We hold that the wife's testimony was not privileged under Code § 8.01-398 because it did not concern "any communication privately made" between the defendant and his former wife.

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