Morrill v. State

Citations

• 5 Tex. Ct. App. 447

Syllabus

<p>1. Adultery — Evidence.—In a prosecution of the paramour for adultery,. the husband of the woman with whom he is charged to have cohabited is-a competent witness.</p> <p>2. Same. — The husband or the wife is incompetent to testily against each other, except in a prosecution for an offence committed by the one against the other. But, queers: whether the adultery of the wife is not such an offence against the husband as qualifies him to testify against her in a. criminal prosecution therefor.</p> <p>3. Same—Hearsay.—It was error to permit the husband to swear that his-wife’s sister told him his wife cohabited with the accused.</p> <p>4. Same. — The common-law rules of evidence in criminal cases have been changed by the Code of this State so far only as' they conflict with its provisions.</p> <p>5. Same — Particbps Crimines. — A party who was jointly indicted with the-defendant on trial, but the indictment against whom has been dismissed, is a competent witness for the defence as well as the prosecution.</p> <p>6. Adultery.—A single or occasional act of criminal intercourse, without. having cohabited, is not adultery within the meaning of the statute. A “living together in adultery” is essential; and this is a question of fact, for the jury, which they may determine from the evidence in the case.</p>