Husband and wife shall be competent witnesses for or against each other in all cases,
civil or criminal, except that neither shall be allowed to testify against the other
as to a statement, conversation, letter, or other communication made to the other
or to another person, nor shall either be allowed in any case to testify as to a matter
which, in the opinion of the court, would lead to a violation of marital confidence.
This section shall not be construed so as to prevent a libelant and libelee from testifying
as to all matters in divorce causes.
Baker v. State, 744 A.2d 864 (Vt. 1999). · cites it 2ד, 12 V.S.A. § 1605 ("husband and wife" may not testify about communications to each other under rule commonly known as "marital privilege," see State v.”
State v. Wright, 581 A.2d 720 (Vt. 1989). · cites it 2ד13 Prior to the adoption of the Vermont Rules of Evidence in 1983, the privilege, codified at 12 V.S.A. § 1605, was broader, prohibiting either spouse from testifying against the other, in both civil and criminal trials, as to any “communication made to the other or to another…”
State v. Freeman, 276 S.E.2d 450 (N.C. 1981). “§516:27 (1974); Vt. Stat. Ann. tit. 12, §1605 (1973). Delaware and Tennessee have also abolished the spousal disqualification in criminal proceedings.”
State v. Crannell, 750 A.2d 1002 (Vt. 2000). “504 reveal, however, Rule 504 is based on 12 V.S.A. § 1605, which is a unique Vermont provision, and therefore we do not decide at this time whether a more narrow reading of the privilege is appropriate.”
State v. Gutierrez, 2021 NMSC 008 (N.M. 2019). “504, Vt. Stat. Ann. tit. 12, § 1605 (1947); Va.”
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