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Justice Stewart said that today the court in an almost unanimous opinion, declines the privilege, because of the changes in perception that reason and experience have wrought the court in this case accepts the same arguments the court rejected when the government first made them in the Hawkins case in 1958.
REASON OF THE COURT- Hawkins V. United States and Francis V. Southern Pacific Co.
CITATIONS – Funk V. United States 290 US 371, Hawkins V. United States 358 US 74, Wyatt V. United States 362 US 525, 528.
RULE OF LAW – The court concludes that the witness – spouse alone has the right to refuse to testify adversely or the witness may be neither compelled to testify nor from testifying...
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