Neither husband nor wife is a competent witness for or against the other in a criminal action or proceeding to which one or both are parties; except with the consent of both, or in case of criminal actions or proceedings for a crime committed by one against the person or property of the other, or in cases of criminal actions or proceedings charging an offense under 9 GCA Chapter 28, Article 1 (commencing with § 28.10), 9 GCA § 31.10 or § 31.45. COURT DECISIONS: DISTRICT COURT, APP. DIV. 1978. AWhere there is a substantial showing by the defendant that the impeaching statement [made by another witness] offered by the government was obtained by police threats and other blatant
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forms of physical and mental duress ... the court has a duty to conduct its own inquiry and to execute the statement if found to have been unconstitutionally coerced.@ People v. Palomo. D.C. Guam, App. Div., Cr. App. #76-09A. Decided 03/13/78. NOTE: Section 75.55 replaces former §§ 266(g) and 1322. Compare Cal. Evid. Code §§ 970-973, 980-987. See Guam Rules of Evidence (6 GCA) for possible amendment (by implication) to this Section.