- Associated Press - Wednesday, October 5, 2016

VANCOUVER, Wash. (AP) - The Washington state Court of Appeals has overturned a Vancouver’s man attempted murder conviction after finding that a cellphone recording of him threatening to kill wife shouldn’t have been used at trial.

The Columbian reports (http://bit.ly/2dqr2l6 ) John Garrett Smith was given a 12-year prison sentence after being found guilty of attempted murder and assault for attacking his wide during a drunken argument in 2013. The appeals court ruling released Tuesday dismisses the attempted murder conviction but upholds the assault conviction.

A Clark County Superior Court judge had used a voicemail that Smith accidentally recorded of him threatening his wife to find the 48-year-old man guilty in December 2014.

But the appeals court said the recording should’ve never been admitted as evidence because it contained a private conservation that was recorded without the couple’s consent.

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Information from: The Columbian, http://www.columbian.com

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