In Tennessee neither husband nor wife may testify to matters occurring between them by reason of the marital relation.' The purpose of this rule is to insure "a free exchange of confidences" between husband and wife upon the theory that mutual confidence is a necessary element of successful marriage. The other states agree in principle; every state places some restriction upon the testimony of husband and wife. Although this Note is primarily concerned with Tennessee law, there are differences in the restrictions imposed by various states which make some comparison desirable. The common law is the starting point.
Barrett B. Sutton,
Admissibility in Tennessee of Spouses' Testimony concerning their Private Affairs,
3 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol3/iss2/16