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This section contains the nature of the case and procedural background.

On August 1, 1984, Erit Burns allegedly assaulted and battered his wife, Betty Burns. Thereafter, Betty Burns sued in circuit court to recover for her injuries. In oral argument before this Court, counsel for the parties revealed that Mr. Burns and Mrs. Burns have separated and have filed for divorce in chancery court. The Circuit Court of Alcorn, on a motion for judgment on the pleadings, dismissed the complaint as it was barred by the doctrine of interspousal immunity.

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