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ROACH v. STATE

No. 41645.

440 S.W.2d 72 (1968)

Stephen ROACH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 5, 1969.

Second Rehearing Denied May 21, 1969.

Attorney(s) appearing for the Case

Irwin & Irwin by T. K. Irwin, Jr., Dallas, for appellant.

Henry Wade, Dist. Atty., John C. Vance, Curtis Glover, Jim Ramsey, Malcolm Dade, Kerry P. FitzGerald and Camille Elliott, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is murder; the punishment, life.

Grounds of error Nos. 1, 2 and 3 relate to references by counsel for the state, in cross-examination of appellant, to the wife appellant had married after the killing, but before the trial, the contentions being (1) That the court allowed the state to indirectly use the appellant's wife as a witness against him; (2) The court erred in failing to grant a mistrial when the...

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