Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5915 (2026)

Testimony by spouse in rebuttal.

✓ current as of May 2026

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§ 5915. Testimony by spouse in rebuttal.

In any criminal proceeding brought against the husband or wife, if the defendant makes defense at the trial upon any ground which attacks the character or conduct of his or her spouse, the spouse attacked shall be a competent witness in rebuttal for the Commonwealth.

Notes of Decisions

Cited in 2 cases, 1993–2002 · leading case: Commonwealth v. Spetzer, 813 A.2d 707 (Pa. 2002).

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Commonwealth v. Spetzer, 813 A.2d 707 (Pa. 2002). · cites it 2× “The final point, providing that a spouse is competent to testify to confidential communications if his or her character or conduct is attacked, derives from a separate statutory provision set forth at 42 Pa.C.S. § 5915. In this case, there is no dispute that Kim Spetzer was…”

Commonwealth v. Hancharik, 633 A.2d 1074 (Pa. 1993). · cites it 2× “Hancharik would arguably have been competent to testify on rebuttal even as to confidential communications pursuant to 42 Pa.C.S. § 5915.”

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