Nelson v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for rape of a child. Punishment was assessed at fifteen years.

In his first two grounds of error appellant argues reversible error is presented by violation of Art. 38.11, V.A.C.C.P., when his wife was permitted to testify against him. That statute provides:

“Neither husband nor wife shall, in any case, testify as to communications made by one to the other while married. Neither husband nor wife shall, in any case, after the marriage relation ceases, be made witnesses as to any communication made while the marriage relation existed except…