Ex parte Beville

Citations

• 58 Fla. 170

Syllabus

<p>1. The English decisions rendered prior to the War of the Revolution are evidence of what the common law is; hut, in order to be binding here, these decisions must be clear and unequivocal.</p> <p>2. At the common law neither the husband nor wife could be witnesses for or against each other, except in case of necessity as where the offense is directly against the person of the wife.</p> <p>3. The common law made- no distinction between the incompetency of one spouse to testify for or against the other as a matter of disability and incompetency as a matter of privilege.</p> <p>4. By statutes in this State the husband, and the wife are made competent and compellable witnesses for or against each other in both civil and criminal cases.</p> <p>5. The change of the common law rule by making one, spouse a competent witness against the other does not affect the rule against disclosure of marital communications.</p> <p>6. Having given the offending party an opportunity to be heard, the court has an inherent right to punish as for a contempt, the violation of an order lawfully made to maintain its dignity, authority and efficiency in the administration of the law.</p>