Wineman v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge. — Appellant renews his contention that in having his first wife brought into the court room for the purpose of having a witness identify her in the presence of the jury was equivalent to using her by the state as a witness against appellant in contravention of Art. 714 of the Code of Criminal Procedure. To sustain appellant’s contention would be to give too broad an application to the statute in question. The wife was not even called as a witness; the state’s attorney merely requested that she be brought into the court room in order that a witness who…