Appeal from Wayne, Michael L. Stacey, J.
Bashara, P. J., and N. J. Kaufman and D. F. Walsh, JJ.
1. Witnesses -- Husband-Wife Privilege -- Consent -- Statutes.
The husband-wife privilege provides, with certain exceptions, that a husband shall not be examined as a witness for or against his wife without her consent, nor a wife for or against her husband without his consent (MCLA 600.2162; MSA 27A.2162).
2. Witnesses -- Husband-Wife Privilege -- Legal Marriage.
The husband-wife privilege is applicable only where the witness is legally married to the party asserting the privilege.
3. Marriage -- Common-Law Marriage -- Validity -- Statutes.
Michigan no longer recognizes a common-law marriage as valid (MCLA 551.2; MSA 25.2).
4. Witnesses -- -- Unavailability -- Testimony at Preliminary Examination -- Right to Confront Witnesses -- Good Faith -- Statutes.
A statute permitting admission of a witness's preliminary examination testimony whenever the witness giving such testimony cannot be produced at trial must give way to a defendant's right of confrontation where the witness's absence stems from the prosecution's lack of good faith efforts to secure the witness's presence (MCLA 768.26; MSA 28.1049).
5. -- Witnesses -- Demeanor.
A defendant has the right to have a witness's demeanor placed before the trier of fact.
6. Witnesses -- -- Res Gestae Witness -- Due Diligence.
A trial court's finding that the prosecution used due diligence in attempting to locate a res gestae witness was proper where the police had attempted to contact the witness on several occasions, the police left a subpoena with the witness's sister who said she would deliver ...