Clayton v. State

OPINION

MORRISON, Judge.

The offense is attempted burglary; the punishment; two (2) years.

The appellant’s first ground of error is the refusal of the trial court to grant a mistrial after the District Attorney attempted to have appellant’s wife sworn as a witness for the State. The matter occurred as follows. In the jury’s presence and after the Rule had been invoked, the District Attorney noticed appellant’s wife seated in the courtroom and said to her, “Are you the wife of Mr. Clayton ? ” She replied that she was and the prosecutor then stated, “I’d like to have her sworn as a witness, Judge.…