Legal Question in Criminal Law in Texas

Re: Who can testify against who?

Rule 504, of the Texas Rules of Evidence, is entitled, Husband-wife Privileges and provides in part that: [a]communication is confidential if it is made privately by any person to the person's spouse and it is not intended for disclosure to any other person.

(2) Rule of privilege. A person, whether or not a party, or the guardian or representative of an incompetent or deceased person, has a privilege during marriage and afterwards to refuse to disclose and to prevent another from disclosing a confidential communication made to the person's spouse while they were married.

The Rule also says "There is no confidential communication privilege in the following situations:"

(A) Furtherance of crime or fraud. In other words, "if the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime or fraud;" there is no privilege or ...

C) Crime against spouse or minor child. In a proceeding in which the party is accused of conduct which, if proved, is a crime against the person of the spouse, any minor child, or any member of the household of either spouse there is no privilege.

Please note, that the privilege against testifying concerns only communications and not actions between the husband and wife.

I hope this answers your question.