§ 8-57. Husband and wife as witnesses in criminal actions. - North Carolina Statutes

§8‑57.  Husband and wife as witnesses in criminal actions.

(a)        The spouse of thedefendant shall be a competent witness for the defendant in all criminalactions, but the failure of the defendant to call such spouse as a witnessshall not be used against him. Such spouse is subject to cross‑examinationas are other witnesses.

(b)        The spouse of thedefendant shall be competent but not compellable to testify for the Stateagainst the defendant in any criminal action or grand jury proceedings, exceptthat the spouse of the defendant shall be both competent and compellable to sotestify:

(1)        In a prosecution forbigamy or criminal cohabitation, to prove the fact of marriage and factstending to show the absence of divorce or annulment;

(2)        In a prosecution forassaulting or communicating a threat to the other spouse;

(3)        In a prosecution fortrespass in or upon the separate lands or residence of the other spouse whenliving separate and apart from each other by mutual consent or court order;

(4)        In a prosecution forabandonment of or failure to provide support for the other spouse or theirchild;

(5)        In a prosecution ofone spouse for any other criminal offense against the minor child of eitherspouse, including any illegitimate or adopted or foster child of either spouse.

(c)        No husband or wifeshall be compellable in any event to disclose any confidential communicationmade by one to the other during their marriage. (1856‑7, c. 23; 1866,c. 43; 1868‑9, c. 209; 1881, c. 110; Code, ss. 588, 1353, 1354; Rev., ss.1634, 1635, 1636; C.S., s. 1802; 1933, c. 13, s. 1; c. 361; 1951, c. 296; 1957,c. 1036; 1967, c. 116; 1971, c. 800; 1973, c. 1286, s. 11; 1983, c. 170, s. 1;1985 (Reg. Sess., 1986), c. 843, s. 5; 1991, c. 686, s. 3.)