State v. Lyman

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. At trial, the state called his wife, Judy, but she asserted the marital privilege, OEC 505(3), and refused to testify. Defendant assigns error to the admission of her out of court statements under the exception for statements against pecuniary interest. OEC 804(3) (c). We reverse.

Officer Rothermund testified: He went to defendant’s home to investigate a domestic disturbance at 4:05 p.m. Defendant appeared coming out of the bushes and acknowledged that he had been drinking. Ten or fifteen minutes…