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Evidence, but we do not think
09-14-11




The law will permit the court to require the defendant his attorney, or defendants wife to produce testimony against the defendant that the state may introduce it. Our Code of North Face Sale Criminal Procedure provides: Art . The husband and wife may in all criminal actions be witnesses for each other, but they shall in no case testify against each other except in a criminal prosecution for a criminal offense committed by one against the other. Again, in article , It is declared: Neither husband nor wife shall in any case testify as to communications made by one to the other while married, etc. And in articleit Is provided: An attorney at law shall not disclose a communication made to him by his client during the existence of that relationship nor disclose any other fact which came to the knowledge of such attorney by reason of such relationship. Mr. Senter, attorney for North Face Coupons defendant, when placed on the witness stand by the state, objected to answering the questions propounded on the ground that all papers that had come into his possession and all facts that had come to his knowledge did so by reason of his relationship as attorney Nike Shoes Australia for defendant. Under threat of being fined for contempt, he was over objection required to answer the questions. When the wife was sent for by the court and placed on the stand, objections were made and exceptions reserved, but the court required her to answer the questions and deliver up the papers that they might be used as evidence against her husband. If there was no other error in the record, we would reverse this case because of this proceeding. The remarks of counsel above quoted were highly improper, whether we take the attorneys version or the version of the court. . Appellant also complains of the action of the district attorney in the following particulars In bill of exception: While Oscar Calloway was on the stand as a witness for the state, and was being asked about his trip to Mt. Pleasant to investigate the validity of these Cheap North Face two notes in controversy, he was asked by district attorney as to the result of his investigation of the value Moncler Outlet of the land, to which question defendant objected, whereupon said district attorney declared: We want to prove that North Face Coupon the land was absolutely inadequate referring to the land described in the deed of trust executed about which all the evidence shows defendant herein had nothing to do. We want to prove that the whole thing was a swindle, said the district attorney, which last remark by said district attorney was objected to by counsel for defendant as being prejudicial error, whereupon the court instructed the jury not to consider same, and Instructed the district attorney not to make such remarks again. Again, while Oscar Calloway was on the witness stand for defendant, said district attorney asked, Who Is J. B. Miller? Said Miller not being a witness In this ease, and there being no evidence that defendant, Downing, ever saw or heard of him till he bought these notes with his name The North Face Sale on them. To which question witness answered: J. B. Miller, is the best definition I could possibly put to him, was hung In Oklahoma a while back. To which remark and effort of district attorney to bring said Millers personality to the front In this case defendant by his counsel excepted, and the court again instructed said district attorney not to ask such questions, and Instructed the Jury not to consider same. District attorney, while examining R, O. Fields, of Ft. Worth, witness for defendant, after having asked said witness If he knew J. B. Miller, and said witness having stated thathe had one transaction with him, but no other, and that he became acquainted with him about a year before the matter now in controversy came up, said Nike Australia district attorney further asked: You knew his reputation In the state To which question the witness answered: I did not. And said district attorney, continuing: In Ft Worth, for being a rascal? To which question defendant by his attorney excepted as being continued effort on the part of said

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