Hudson v. Commonwealth

In Stewart v. Commonwealth, 219 Va. 887, 252 S.E.2d 329 (1979), we decided that a husband may be convicted of stealing his wife’s property. We reserved for later decision, however, the related question whether a wife is a competent witness against her husband in his prosecution for larceny of her property. The issue is presented squarely by this appeal.

The present prosecution commenced with a three-count indictment charging Dennis J. Hudson with (1) forging the name of his wife, Maria Hudson, to a deed, an endorsement on a deed of trust note, and an assignment, (2) uttering the forged…