HUSBAND AND WIFE AS WITNESSES

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.