People v. Love

Contrary to the view of Justice Cavanagh, I believe that the Michigan statute precluding spousal testimony is not unambiguous and that the Court of Appeals correctly construed the statute.

*710I

We are presented in this case with a question of statutory interpretation. The statute involved provides that "[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 . . . .” MCL 600.2162; MSA 27A.2162. At issue is the correct construction of the exception to the statute in cases "where the cause of action grows…