Legal Question in Criminal Law in New York
wife testifying against husband
Can a wife testify against her husband? The crime was committed in December and at that time they were engaged and subsequently married In April.
Asked on 6/10/01, 11:27 pm
1 Answer from Attorneys
Peter Bark
Bark & Karpf
Re: wife testifying against husband
There is no marital privilege because they were not married at the time of the crime, assuming she learned facts from her husband in December. If he confessed the crime to her after getting married there is marital privilege and she may not testify without the husband's consent.
Answered on 7/02/01, 3:19 pm
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