In State v. Carter, 156 N.C. App. 446, 577 S.E.2d 640 (2003), the Court recognized that "'the marital privilege is waived in criminal cases where the conversation is overheard by a third person.'" Carter, 156 N.C. App. at 457-58, 577 S.E.2d at 647 (quoting State v. Harvell, 45 N.C. App. 243, 249, 262 S.E.2d 850, 854, disc. review denied, 300 N.C. 200, 269 S.E.2d 626 (1980)). In Setzer, the defendant argued the trial court erred by admitting an officer's testimony regarding a statement he heard the defendant make to the defendant's wife. Setzer, 42 N.C. App. at 104, 256 S.E.2d at 489. However, our Court held that the "communication . . . was not confidential, since it was made within the hearing of a third party." Id.