Barton v. State

Appellant was convicted of murder and sentenced to death. On his appeal he has submitted twelve assignments of error, all of which we have carefully examined. Two of these assignments have presented points which have not been free of difficulty, and we now briefly refer to them.

It was objected on the trial that the state’s witness, Salena Moore, was not a competent witness, because it was asserted, and attempted to be proved, by appellant that said witness was and is the common-law wife of appellant. The trial judge permitted full proof on this issue, and, after mature consideration and…