Kenneth Gene Grulkey v. United States

MEHAFFY, Circuit Judge.

Kenneth Gene Grulkey, appellant-defendant, was tried to a jury and convicted under a one-count indictment charging him with violation of 18 U.S.C. § 876, by knowingly depositing in the United States mail a letter addressed to his estranged wife, Loretta Grulkey, threatening to kill her with a shotgun. 1

Defendant admitted from the witness stand that he mailed the letter in question and, consequently, there is no factual dispute. The assignments of error presented by this appeal relate solely to the spousal privilege of the wife to testify against her husband. At the…