Changes

{{cquote|Communications between the spouses, privately made, are generally assumed to have been intended to be confidential, and hence they are privileged; but wherever a communication, because of its nature or the circumstances under which it was made, was obviously not intended to be confidential it is not a privileged communication. See Caldwell v. State, 146 Ala. 141, 143; 41 So. 473; Parkhurst v. Berdell, 110 N. Y. 386, 393; 18 N. E. 123; Truelsch v. Miller, 186 Wis. 239, 249; 202 N. W. 352. And, when made in the presence of a third party, such communications are usually regarded as not privileged because not made in confidence. Jacobs v. United States, 161 Fed. 694; Cocroft v. Cocroft, 158 Ga. 714; 124 S. E. 346; cf. Linnell v. Linnell, 249 Mass. 51, 143 N. E. 813, with Freeman v. Freeman, 238 Mass. 150; 130 N. E. 220.}}

{{cquote|Communications between the spouses, privately made, are generally assumed to have been intended to be confidential, and hence they are privileged; but wherever a communication, because of its nature or the circumstances under which it was made, was obviously not intended to be confidential it is not a privileged communication. See Caldwell v. State, 146 Ala. 141, 143; 41 So. 473; Parkhurst v. Berdell, 110 N. Y. 386, 393; 18 N. E. 123; Truelsch v. Miller, 186 Wis. 239, 249; 202 N. W. 352. And, when made in the presence of a third party, such communications are usually regarded as not privileged because not made in confidence. Jacobs v. United States, 161 Fed. 694; Cocroft v. Cocroft, 158 Ga. 714; 124 S. E. 346; cf. Linnell v. Linnell, 249 Mass. 51, 143 N. E. 813, with Freeman v. Freeman, 238 Mass. 150; 130 N. E. 220.}}

''Wolfle v. United States'', 291 U.S. 7, 14-15 (1934)

''Wolfle v. United States'', 291 U.S. 7, 14-15 (1934)

[[Category:evidence]]

[[Category:Evidence]]

[[category:privileges]]

[[Category:Privileges]]