State v. Stewartson

DAUKSCH, Judge.

This is an appeal from an order granting a motion in limine. The question on appeal is whether a letter written to one’s spouse falls within the marital communications privilege even though the letter was intended to be delivered after the witness’ death?

In a rather macabre fashion the state seeks to introduce into evidence a suicide note written by appellee to her husband just before she took a gun and shot herself in the chest intending to kill herself. Having lived through this ordeal she faces another in the criminal court for her alleged theft and forgery violations. The…