19-3002 HUSBAND AND WIFE AS WITNESSES.
CRIMINAL PROCEDURE
CHAPTER 30
WITNESSES IN CRIMINAL PROCEEDINGS
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.