Wife can’t testify against hubby. Were they divorced?
Does she stop being his wife when she’s six feet under?
Actually I believe a wife can testify against her husband.
She cannot be forced to do so, but can voluntarily testify
(lawyers at FR please verify).
Actually I believe a wife can testify against her husband.
She cannot be forced to do so, but can voluntarily testify
(lawyers at FR please verify).
Under Virginia code § 19.2-271.2 (and similar for many states): In criminal cases husband and wife shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in behalf of each other, but neither shall be compelled to be called as a witness against the other, except (i) in the case of a prosecution for an offense committed by one against the other, against a minor child of either, or against the property of either; (ii) in any case where either is charged with forgery of the name of the other or uttering or attempting to utter a writing bearing the allegedly forged signature of the other; or (iii) in any proceeding relating to a violation of the laws pertaining to criminal sexual assault (§§ 18.2-61 through 18.2-67.10), crimes against nature (§ 18.2-361) involving a minor as a victim and provided the defendant and the victim are not married to each other, incest (§ 18.2-366), or abuse of children (§§ 18.2-370 through 18.2-371). The failure of either husband or wife to testify, however, shall create no presumption against the accused, nor be the subject of any comment before the court or jury by any attorney.
Except in the prosecution for a criminal offense as set forth in (i), (ii) or (iii) above, in any criminal proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between his spouse and him during their marriage, regardless of whether he is married to that spouse at the time he objects to disclosure. For the purposes of this section, “confidential communication” means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.
In other words, the wife can testify against her husband, but in most cases the testimony is her choice - she doesn’t have a legal obligation to testify. The sad thing about Edwards was that no one felt any loyalty to him at all. Even his dying wife wanted to get him more than she wanted to preserve her energy and live longer.
Can’t be FORCED to testify against a spouse. Nothing to prevent one from voluntarily doing so—It’s done every day in divorce and abuse cases, for example.
Can’t be FORCED to testify against a spouse. Nothing to prevent one from voluntarily doing so—It’s done every day in divorce and abuse cases, for example.
Can’t be FORCED to testify against a spouse. Nothing to prevent one from voluntarily doing so—It’s done every day in divorce and abuse cases, for example.
A wife may testify against her husband. A wife can’t be compelled to testify against her husband. Vast difference between the two.
She can’t be FORCED to was my understanding as a guard house lawyer.....
Let’s ask Larry. He knows everything.
Not true. One spouse cannot be compelled to testify against another. But if they choose to, they certainly may.
I believe dying declarations are always admitted in court. Evidence can be found by what she states and it bye bye bubba...
Yes. One cannot be legally married to a dead person.
But the point is moot, as you indicated later.