Creech v. Commonwealth

In this case we consider whether Va. Code § 19.2-271.2 was properly applied to allow one spouse to testify against the other in a criminal proceeding.

Jimmie Donald Creech was indicted for arson, Code § 18.2-77. The indictment charged that he “unlawfully and feloniously in the nighttime, maliciously burn[ed] a dwelling usually occupied, belonging to Jimmie Donald Creech.” At trial, Creech’s estranged wife, Vera Creech, testified that she owned all the furnishings in the dwelling and had brought them to the dwelling when she married Creech. She also testified, over Creech’s objection and…