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]
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