McLean and Barnett v. State
Court of Criminal Appeals of Texas
On a joint prosecution, by information, and a joint trial for adultery, both appellants were convicted and the punishment affixed against each at a pecuniary fine of $100. At the trial, over objection of both defendants, the court permitted Sophrona Barnett, wife of defendant Ellis Barnett, to testify as a witness in the case.
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On a joint prosecution, by information, and a joint trial for adultery, both appellants were convicted and the punishment affixed against each at a pecuniary fine of $100. At the trial, over objection of both defendants, the court permitted Sophrona Barnett, wife of defendant Ellis Barnett, to testify as a witness in the case. The whole matter pertaining to her testimony is presented in defendants’ bill of exceptions, as follows: “Be it remembered, on the trial of this case, which was a joint trial against both defendants (there having been no severance demanded or requested by any party, the…
1Opinion of the Court
SIMKINS, Judge.
Appellants, who are negroes, were convicted of adultery, and their punishment assessed at 8100 each.
1. The parties being jointly indicted and jointly tried, the State, over the objection of defendants, introduced as a witness Sophrona Barnett, wife of appellant Ellis Barnett, who testified as to the most inculpatory facts in the case. This is assigned as error. The code declares the husband and wife shall in no case testify against each other, except in a criminal prosecution for an offense committed by one against the other. Code Crim. Proc., art. 735. In Compton’s case, 13…
2Cited by13 opinions
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- Rossi v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- Arevalo v. StateCourt of Appeals of Texas · 1992
- State v. TilghmanNew Jersey Superior Court Appellate Division · 2006
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