Barrow v. State

ON MOTION FOR REHEARING

MORROW, Presiding Judge. —

Appellant, through his counsel, very urgently insists that in the cross-examination of the appellant’s wife, who testified to an alibi in his behalf, Article 714, C. C. P., was violated. In that article it is declared that neither spouse shall testify against the other on the trial of a criminal case unless the case is one in which the prosecution is for an offense committed by one against the other.

From Bill No. 1 it appears that the robbery was committed at Fort Worth on the morning of April 18, 1933, at eight o’clock. Appellant introduced…