Idaho Statutes
§ 19-3002 — HUSBAND AND WIFE AS WITNESSES
Neither husband nor wife are competent witnesses for or against each other in a criminal action or proceeding to which one or both are parties, except:
1.With the consent of both, or
2.In cases of criminal violence upon one by the other; or acts of physical injury upon a child of either the husband or the wife where the injury has been caused as a result of physical abuse or neglect by one or both of the parents; or to acts or attempted acts of lewd conduct with a minor child; or
3.In cases of desertion or nonsupport of wife or child by the husband.
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Related
State v. Martinez
872 P.2d 708 (Idaho Supreme Court, 1994)
Dunlap v. State
894 P.2d 134 (Idaho Court of Appeals, 1995)
State v. Swenor
528 P.2d 671 (Idaho Supreme Court, 1974)
State v. Riley
362 P.2d 1075 (Idaho Supreme Court, 1961)
State v. McClellan
532 P.2d 574 (Idaho Supreme Court, 1975)
State v. Scroggie
714 P.2d 72 (Idaho Court of Appeals, 1986)
State v. McKenney
609 P.2d 1140 (Idaho Supreme Court, 1980)
Cahoon v. Employment Security Agency
351 P.2d 477 (Idaho Supreme Court, 1960)
McClellan v. State
603 P.2d 1016 (Idaho Supreme Court, 1979)
State v. Dunlap
848 P.2d 454 (Idaho Court of Appeals, 1993)
State v. McGonigal
403 P.2d 745 (Idaho Supreme Court, 1965)
State v. Durst
879 P.2d 603 (Idaho Court of Appeals, 1994)
James R. Donoval v. City of Sun Valley
(Idaho Court of Appeals, 2014)
State v. Emehiser
677 P.2d 516 (Idaho Court of Appeals, 1984)
Legislative History
[(19-3002) R.S. & R.C., sec. 8142; compiled and reen. C.L., sec. 8142; C.S., sec. 9130; I.C.A., sec. 19-2902; am. 1979, ch. 152, sec. 1, p. 468.]
Nearby Sections
15
§ 19-1001
CHALLENGE — BY WHOM MADE§ 19-1002
GROUNDS FOR CHALLENGE TO PANEL§ 19-1004
FORM OF CHALLENGE§ 19-1005
DECISION UPON CHALLENGE§ 19-1009
OBJECTIONS MUST BE BY CHALLENGE§ 19-1010
APPOINTMENT OF FOREMAN§ 19-1011
OATH OF FOREMAN§ 19-1012
OATH OF JURORS§ 19-1013
CHARGE TO JURY§ 19-1014
RETIREMENT AND DISCHARGE OF JURY