People v. Butler

The spousal privilege provided in MCL 600.2162; MSA 27A.2162 contains an exception for cases in which "the cause of action grows out of a personal wrong or injury done by one [spouse] to the other . . . .” We hold today that an arson of a dwelling, under the circumstances of this case, is such a "personal wrong or injury” and that the victim may therefore testify in the prosecution of her spouse for that arson.

i

The prosecution has alleged that the defendant set fire to his wife’s apartment on November 2, 1985. Accordingly, he was charged with burning a dwelling house. 1 MCL 750.72; MSA 28.267.