Ohio Supreme Court August 11, 1982, No. 81-1607 (State v. Mowery)

Krupansky, J.

The issue certified to this court is whether R.C. 2945.42 and Evid. R. 601(B) allow a spouse to be a competent witness in a criminal prosecution against the other spouse as to a crime against a third person, not a child of either spouse, where the crime is committed in the presence of the third person, as well as in the presence of the testifying spouse.