Richardson v. State

HENDERSON, Judge.

Appellant was convicted of incest, and his punishment assessed at confinement in the penitentiary for a'term of two years.

Appellant’s first bill of exceptions is to the action of the court permitting the county attorney in his argument to allude to the fact that appellant’s wife was presented, summoned by the State, and sworn, and defendant did not introduce her as a witness. Under the circumstances of this case, as detailed by the witnesses, if' appellant was innocent his wife would,have been a material witness for him; and it was therefore permissible for the State to…