People v. Wadkins

I concur in the result reached by the majority; but I am writing a separate opinion because I believe this Court should *286address the applicability of the spousal privilege in this action. If this Court fails to address this issue we are, in effect, allowing the parties to change the law as it applies to the case by agreeing that a statute applies to the case when in fact it does not.

MCL 600.2162; MSA 27A.2162 provides, in relevant part:

"A husband shall not be examined as a witness for or against his wife without her consent; nor a wife for or against her husband without his consent, * * * nor…