State v. Martin

CAMPBELL, Judge.

Defendant Smith contends that the court erred in allowing his wife to testify as a witness against him in the criminal prosecution. While it is true that one spouse may not be a competent witness against the other in a criminal prosecution (State v. Alford, 274 N.C. 125, 161 S.E. 2d 575 (1968)), there are both common law and statutory exceptions to this common law rule, which exceptions have arisen out of unusual factual circumstances.

The instant case is just such an unusual factual circumstance. One who is present, aiding and abetting in a rape actually perpetrated by another…