Bowen v. State

Bloodworth:, J.

1. Notwithstanding the statutory inhibition *667against the giving of testimony by a wife against her husband in a criminal case, except “for any criminal offense committed or attempted to be committed upon her person” (Penal Code of 1910, § 1037 (4) ), yet where a wife makes statements in the presence of her husband and a third person which would implicate her husband in the violation of a criminal statute, and the husband makes no denial thereof, the third person may testify as to these statements. Penal Code (1910), § 1029; Joiner v. State, 119 Ga. 315 (46 S. E. 412). Such…