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A defendant was prosecuted for the murder of a victim, whose body was found one morning in the street near the defendant's house. The state calls a witness, a neighbor, to testify that during the night before the body was found he heard the defendant's wife scream, «You killed him! You killed him!»
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A is incorrect. There is no statement of belief exception to the hearsay rule that applies to the wife's statement. In addition, the statement is clearly being offered for the truth of the matter asserted (that the defendant did kill the victim) and is not merely being offered to show the wife's belief.
C is incorrect. The wife's statement is not a privileged communication. It was not confidential and was said loudly enough that the neighbor heard it. Non-confidential statements are not covered by any form of spousal privilege.
D is incorrect. Although spousal immunity may allow a wife not to testify against her husband, it does not extend to the witness's testimony regarding what he overheard the wife say. The witness is the person testifying, not the defendant's wife, so even if the defendant's wife objects, the witness can still testify about what he heard.