People v. Hamacher

We granted leave to appeal in this case, consolidated on appeal with People v Vermeulen, 432 Mich 32; 438 NW2d 36 (1989), to consider the application of the spousal communication privilege set forth in § 2162 of the Revised Judicature Act.1 We conclude that the Court of Appeals correctly held that the privilege bars the *161testimony of the defendant’s wife in this case and affirm the decision of the Court of Appeals.

i

Section 2162 of the rja provides two distinct privileges. The first, the spousal privilege, is only applicable when the witness and the spouse are married at the time of trial. This…