Clark v. State

By the petition to rehear the plaintiff in error again urges' his fourth and sixth assignments of error, not expressly responded to in the written opinion heretofore filed.

The fourth assignment complains that the convicting evidence was obtained by the testifying officers through disclosures made to them by the wife of the plaintiff in error; and that, since her information came to .her through the marital relation, evidence resulting from her disclosures was incompetent.

Conceding that the wife would have been an incompetent witness against her husband as to these matters, McCormick v. State,…