State v. Adamson

Evid.R. 601(B) governs the competency of spouses to testify against each other regarding criminal activity. The rule provides:

“Every person is competent to be a witness except:

(t * * *

“(B) A spouse testifying against the other spouse charged with a crime except when either of the following applies:

“(1) A crime against the testifying spouse or a child of either spouse is charged;

“(2) The testifying spouse elects to testify.”

The focus of Evid.R. 601(B) is the competency of the testifying spouse; in contrast, R.C. 2945.42 focuses on the privileged nature of spousal communications:

“ * * * Husband…