Aguilar v. State

I respectfully disagree with the majority’s holding that the testimony by Mildred Williams was not “against” Aguilar and therefore whether she is his common-law wife is immaterial. I would sustain Aguilar’s third ground of error; that the trial court erred in failing to submit his requested charge on the existence of a common law marriage between himself and Williams.

The majority recognizes the well established rule that a wife shall not, except under limited circumstances, testify against her husband. Tex.Code Crim.Proc.Ann. art. 38.11 (Vernon 1979). The State does not urge any of the…