Section 23.43 Interspousal Disqualification
| Library | Criminal Practice 2012 Supp |
D. (§23.43) Interspousal Disqualification
A person cannot be compelled to testify against a spouse in a criminal action but, at the option of the defendant, may testify on behalf of the other. Section 546.260.1, RSMo 2000. This privilege, however, does not apply to criminal prosecutions under Chapters 565, 566, or 568, RSMo. Section 546.260.2. The privilege also does not apply if communications were made in the presence of others. State v. Turner, 716 S.W.2d 462, 466–67 (Mo. App. E.D. 1986); State v....
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