Clark v. State

I agree that the conviction of appellant must be reversed for failure to give defendant’s requested instruction No. 1 on carnal abuse. I do not agree with the majority that there was any prejudicial error in the trial court’s refusal to grant a mistrial. I take the majority opinion to state that a wife cannot ever be used as a witness by the State when the offense charged is not against her or her property. If this is the position of the majority, I am certainly in disagreement. In the first place, I cannot agree that we did not hold such an action to be nonprejudicial in McDonald v. State,…