Andrews v. State

On Motion for Rehearing.

GRAVES, Judge.

Appellant again insists that her husband was a competent witness in her behalf by virtue of Art. 714, C.C.P., regardless of the fact that he was also charged by indictment with the same offense. We are not impressed with the argument thereon, especially in the face of the decision in Sipanek v. State [100 Tex.Cr.R. 489, 272 S.W. 141, 142] quoted in the original opinion. In that case it was said: “The wife of the appellant was offered by him as a witness but rejected upon the ground that she was indicted for the same offense. She was not available as a…