Commonwealth v. Ferguson

BAYLEY, J.,

On November 21,1990, defendant was found guilty by a jury on a count of driving under the influence.1 On November 30, he filed a post-trial motion seeking a new trial, alleging that the court erred in its denial of the claim of a spousal privilege by Joyce Ferguson. Prior to trial, we held a hearing, after which the following order was entered:

“The Commonwealth may call Joyce Ferguson as a subpoenaed witness in this case, and she may not refuse to testify on the basis of the privilege of not testifying against defendant because she is not the spouse of defendant.”

*170Joyce Ferguson…