People v. Vann

The majority distinguishes People v Love, 425 Mich 691; 391 NW2d 738 (1986), on the ground that in this case Vann’s conduct respecting his wife occurred at the same time as his scuffle with her lover.1 As a result, the majority concludes that Vann’s assault on the third party "did 'grow out of’ the personal wrong or injury done by the defendant to his wife.”2

This Court has held, however, that "grows out of a personal wrong or injury” codified common-law exceptions to the rule excluding spousal testimony. In People v Quanstrom, 93 Mich 254, 255; 53 NW 165 (1892), this Court said that the…