The Set-Up

 

Section 2054 of State S's penal code prohibits carrying concealed weapons unless one reasonably fears an attack from an enemy. D is charged with violating 2054 by carrying a derringer pistol. At trial, D proposes to testify that W, his wife, told him confidentially before he armed himself that she was having an affair with X who loved her so much he was going to kill D.

The prosecution objects to D's testimony. W, in court, objects as well. Is the testimony admissible?

 



div1.gif (1531 bytes)
Home | Contents | Topical Index | Syllabi | Search | Contact Us | Professors' Pages
Cases | Problems | Rules | Statutes | Articles | Commentary