State v. . Brigman

Is a wife competent or compellable to give evidence against her husband who is on trial charged with the wilful abandonment and nonsupport of his minor children? C. S., 4447. We think not.

It is provided by C. S., 1802 that, in all criminal actions or proceedings, the husband or wife of the defendant shall be a competent witness for the defendant, but the failure of such witness to be examined shall not be used to the prejudice of the defense, and further: “Nothing herein shall render any husband or wife competent or compellable to give evidence against each other in any criminal action or…