State v. Smith

DELAHANTY, Justice.

The defendant, Clarence G. Smith, Jr., was convicted of breaking and entering with intent to commit a larceny 1 by a Sa-gadahoc County Superior Court jury. On appeal the defendant claims that the presiding Justice erred in allowing the defendant’s wife to testify as to certain “marital communications” inadmissible under 15 M.R.S.A. § 1315. We deny the appeal.

On the morning of November 19, 1974, the defendant, his wife, Karen Smith, and Robert Gilley met in a Brunswick, Maine restaurant where they planned a break into a private dwelling in Bowdoinham. Leaving the restaurant,…