People v. Vermeulen

We granted leave to appeal in this case, consolidated on appeal with People v Hamacher, 432 Mich 157; 438 NW2d 43 (1989), to consider the application of the spousal communication privilege set forth in the Revised Judicature Act, § 2162.1 We conclude that the Court of Appeals correctly held that the privilege bars the testimony of the defendant’s wife in this case and affirm.

i

Rja § 21G22 provides two distinct privileges. The *35first, the spousal privilege, is only applicable when the witness and the spouse are married at the time of trial.3

The second privilege, the communication privilege, bars…