Fay William Bonner v. Dr. George J. Beto, Director, Texas Department of Corrections

DYER, Circuit Judge:

This is an appeal in forma pauperis from the District Court’s denial of appellant’s petition for a Writ of Habeas Corpus.

Bonner and his wife were indicted -separately in the state courts of Texas for the same burglary. Immediately prior to appellant’s trial his wife pleaded guilty and was given probation. When appellant attempted to call her as a witness at his trial, the state trial judge refused to allow her to testify because of Article 711 of the Texas Code of Criminal Procedure, which declared co-principals incompetent to testify for a principal. 1 No witnesses…