In State v. Kirby, 187 N.C. App. 367, 372, 653 S.E.2d 174, 178 (2007), the defendant's wife testified that she was in her bedroom while the defendant and two other men were in the adjacent living room. Id. at 369, 653 S.E.2d at 176. The defendant "'flung' open the bedroom door and, standing just inside the opened door, 'yelled' to his wife, 'Get up, I think I've killed him.'" Id. at 369, 653 S.E.2d at 176. The defendant argued the trial court erred by admitting his statement to his wife in violation of the marital privilege. Id. at 369, 653 S.E.2d at 177. However, the defendant's wife testified that the defendant spoke in a loud voice and could have been heard by someone in the living room. Id. at 372-73, 653 S.E.2d at 178. Moreover, another person was in the living room at the time, and that person was in a position to have heard the defendant's statement. Id. at 372-73, 653 S.E.2d at 178. Our Court held: Although the defendant states that "it is clear that he intended to speak to his wife in confidence," we find this assertion untenable in light of the evidence that the defendant "yelled" or "hollered" the statement while standing in the bedroom's open doorway right next to the living room. The defendant's volume in conjunction with his undisputed knowledge that a third person was within easy hearing distance establishes a lack of confidentiality that supports the trial court's determination that the communication was not privileged. Id. at 372-73, 653 S.E.2d at 178.