Velasquez v. State

*766OPINION

CANTU, Justice.

This is an appeal from a jury conviction for murder. TEX.PENAL CODE § 19.02 (Vernon 1974). The court assessed punishment at life imprisonment after appellant plead true to an enhancement allegation. TEX.PENAL CODE § 12.42(c).

Appellant’s sole ground of error alleges that the State committed reversible error by calling appellant’s wife, Diamantina Co-varrubia, as its witness at trial, in violation of TEX.CODE CRIM.PROC.ANN. art. 38.-11 (Vernon 1979). We sustain appellant’s contention and remand the case for a new trial.

Article 38.11 provides in pertinent part:

Neither…