2007 ORS 136.655¹
Husband or wife as witness

(1) Except as provided in subsection (2) of this section, in all criminal actions in which the husband is the party accused, the wife is a competent witness and when the wife is the party accused, the husband is a competent witness; but neither husband nor wife in such cases shall be compelled or allowed to testify in such cases, except as provided in ORS 40.255 (Rule 505. Husband-wife privilege).

(2) There is no privilege under this section, or under ORS 40.255 (Rule 505. Husband-wife privilege) 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 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]

See also annota­tions under ORS 44.040 and 139.320 in permanent edi­tion.

Notes of Decisions

Consent to Spouse's Testimony

The doctrine of marital privilege does not prohibit the testimony of third per­sons as to in­for­ma­­tion volunteered by the defendant's wife. State v. Lindley, 11 Or App 417, 502 P2d 390 (1972), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 136—Criminal Trials, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­136.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 136, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­136ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.