Daffin v. State

Citations

• 11 Tex. Ct. App. 76

Syllabus

<p>1. Evidence.— The Code of Procedure, article 735, provides that husband and wife may testify for each other in all criminal actions, but that, except in a prosecution of one of them for an offense against the other, neither shall testify against the other; and this rule has been held to disqualify either as a witness against a co-defendant of the other. But if either of them be competent as a witness against the party on trial, the other is also.</p> <p>2. Practice.— Objection to the competency of a witness or the admissibility of evidence should be made when the witness or evidence is offered, or as soon as the objection is ascertainable. If primarily made after verdict, such objections are not ordinarily available.</p> <p>3. Gross-Examination.— Any question which may tend to affect the credit of a witness is generally allowable in his cross-examination. His relations to the accused, or bias against him, and the extent of the bias, may be developed in the cross-examination, gee this case for an example.</p>