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Clark v. State

Texas Court of Criminal Appeals

261 S.W.2d 339 (Tex. Crim. App. 1953)

Relevant factsFree

Clark, charged with murder, called his attorney on the night of the murder through a phone operator, who stayed on the line and heard the entire conversation, including Clark's admission that he committed the murder and his attorney's advice to dispose of the weapon. At trial, the prosecution sought to have the operator testify about what she overheard; Clark objected that the conversation was privileged, but the trial court admitted the testimony and Clark was convicted.

IssueFree

Whether the attorney-client privilege applies to a third party who eavesdrops on a private conversation between a client and his attorney.

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