Overton v. State

OPINION

BELCHER, Judge.

The offense is burglary with the punishment enhanced by two prior felony convictions; the punishment, life.

In this case the trial court refused to allow the appellant to call his co-defendant, Jesse Gonzales, as a witness in his own behalf over the state’s objection that he was a co-principal who had been indicted of the same offense for which the appellant was on trial, and that his testimony was not admissible in evidence under the provisions of Art. 82 P.C. (since repealed). To such refusal the appellant timely and properly reserved his exception.

In Washington v.…