State v. Govan
State v. Govan
Opinion of the Court
Appellant Alfred Govan appeals his conviction of assault and battery of a high and aggravated nature against JoAnn Johnson.
I. FACTS
Govan and Johnson never formally married but lived together for four years by the time of the incident at issue. At approximately 3:00 to 3:30 a.m. on November 25, 1993, Govan came to Johnson’s home
Prior to trial the judge’s questioning revealed Johnson considered herself Govan’s wife, she wanted the rest of the world to consider them married, and she has tried to give that impression to other people. The trial judge heard Johnson’s spousal immunity motion and stated “Let’s assume that Ms. Johnson and Mr. Govan are common law married, let’s assume that.” The trial judge further stated:
I think ... under this set of circumstances that she can be compelled at this time to testify as to the truth of the matter of what occurred between her and her husband on whatever occasion that was.
At trial, Johnson and Tolbert testified concerning the events that occurred at the house. The trial judge sentenced Govan to ten years.
II. DISCUSSION
Govan argues the trial judge erred in denying Johnson’s spousal immunity motion, and permitting the State to compel her testimony. We disagree. The State argues Johnson was not entitled to invoke the privilege of spousal immunity because the privilege does not protect Govan’s assault. S.C. Code Ann. Section 19-11-30 (Supp. 1994) states:
In any trial. . . the husband or wife of any party thereto ... is ... competent and compellable to give evidence, the same as any other witness. . . . However, no husband or*395 wife may be required to disclose any confidential or, in a criminal proceeding, any communication made by one to the other during their marriage.
The State contends because Govan’s actions in assaulting Johnson are not communications, Section 19-11-30 does not apply. We agree. A communication is defined as “[information given; the sharing of knowledge by one with another ... a deliberate interchange of thoughts-or opinions between two or more persons.” Black’s Law Dictionary 279 (6th ed. 1990). The physical acts of an assault cannot be considered communications. See 81 Am. Jur. (2d) Witnesses § 299 (1992) (In cases involving crimes committed by a spouse against a spouse, the marital communication privilege is inapplicable.). We hold there is no message communicated in a beating such as this and, accordingly, the conviction is
Affirmed.
Govan was sentenced to ten years.
The parties separated a week prior to this incident.
Reference
- Full Case Name
- The STATE v. Alfred GOVAN
- Cited By
- 4 cases
- Status
- Published