Criminal Trials

ORS 136.655
Spouse as witness

(1)

Except as provided in subsection (2) of this section, in all criminal actions in which a spouse in a marriage is the party accused, the other spouse is a competent witness, but neither spouse shall be compelled or allowed to testify in a criminal action, except as provided in ORS 40.255 (Rule 505).

(2)

There is no privilege under this section, or under ORS 40.255 (Rule 505) in all criminal actions in which a spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an offense against the person or property of a third person committed in the course of committing or attempting to commit an offense against the other spouse. [Formerly 139.320; 1979 c.721 §1; 1981 c.892 §89; 2015 c.629 §29]

See also annotations under ORS 44.040 and 139.320 in permanent edition.

Notes of Decisions

The doctrine of marital privilege does not prohibit the testimony of third persons as to information volunteered by the defendant’s wife. State v. Lindley, 11 Or App 417, 502 P2d 390 (1972), Sup Ct review denied

Source

Last accessed
Mar. 11, 2023

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