136.655 Spouse
as witness. (1)
Except as provided in subsection (2) of this section, in all criminal actions
in which a spouse in a marriage is the party accused, the other spouse is a
competent witness, but neither spouse shall be compelled or allowed to testify
in a criminal action, except as provided in ORS 40.255.
(2) There is no
privilege under this section, or under ORS 40.255 in all criminal actions in
which a spouse is charged with bigamy or with an offense or attempted offense
against the person or property of the other spouse or of a child of either, or
with an offense against the person or property of a third person committed in
the course of committing or attempting to commit an offense against the other
spouse. [Formerly 139.320; 1979 c.721 §1; 1981 c.892 §89; 2015 c.629 §29]
136.660 [Amended by 1973 c.836 §244;
renumbered 136.465]
136.670 [Amended by 1973 c.836 §245;
renumbered 136.470]
(Hypnotized Witnesses)
Notes of Decisions
Cited in
4
cases, 1979–2013 · leading case:
State v. Suttles, 597 P.2d 786 (Or. 1979).
State v. Suttles, 597 P.2d 786 (Or. 1979).
· cites it 3× “ORS 136.655, enacted in 1880 (O.L. 1880, sec.”
State v. Suttles, 597 P.2d 786 (Or. 1979).
· cites it 3× “ORS 136.655, enacted in 1880 (O.L. 1880, sec.”
State v. Riley, 308 P.3d 1080 (Or. Ct. App. 2013).
“For example, OEC 505(4) provides that “[t]here is no privilege under [OEC 505]”: “(a) In all criminal actions in which one spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an…”
State v. Haynes, 597 P.2d 1297 (Or. Ct. App. 1979).
“She also argues the court erred in "not excluding hearsay testimony of defendant’s husband pursuant to the marital privilege provided in ORS 136.655 and 44.040(l)(a).” As noted above, the court did not *331 expressly rule on the admissibility of evidence concerning statements of…”
— Or. Rev. Stat. § 136.655(2) — 1 case
State v. Riley, 308 P.3d 1080 (Or. Ct. App. 2013).
“For example, OEC 505(4) provides that “[t]here is no privilege under [OEC 505]”: “(a) In all criminal actions in which one spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an…”
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treatment. Dots show Syfertize treatment of the citing case itself.