Jernigan v. State

OPINION

W.C. DAVIS, Judge.

Appellant was convicted of capital murder. Upon the jury’s findings that the killing was deliberate and that appellant represents a continuing threat to society, punishment was assessed at death. Art. 37.071, V.A.C.C.P.

Appellant now contends that his arrest and his subsequent confession, which was admitted into evidence, were tainted by the unlawful procurement of a warrant. The heart of his contention is that because appellant’s wife was the named informant relied upon by the affiant in obtaining a warrant, and because a wife cannot testify against her husband, the…