Miller v. State

Sam Robinson. Associate Justice.

On the 4th day of April, 1962, the appellant, John H. Miller, was convicted on a charge of grand larceny, growing out of the alleged stealing of an automobile. At the trial, the State used as a witness, Jacqueline Sartin Miller. The evidence shows that she entered into a ceremonial marriage with appellant at Juarez, Mexico on the 3rd day of September, 1961, and subsequently they lived together as man and wife.

Of course, if Jacqueline is the legal wife of appellant she could not testify against him, but the State contends that she is not his legal wife because…