Waye v. State

In special ground 13 (numbered 17) error is assigned upon the trial court’s refusal to give the following timely written request to charge: “I charge you that in criminal cases husband and wife cannot testify either for or against each other and in this case the wife of the accused is not competent to testify either for or against her husband and the law will not permit her to be sworn as a witness and give any testimony in the case.” The defendant insists that he was entitled to this charge because it appeared both from the evidence and the defendant’s statement to the jury that his wife was…