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NELSON v. STATE

No. 60371.

612 S.W.2d 605 (1981)

Calvin Eugene NELSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

March 11, 1981.

Attorney(s) appearing for the Case

Michael Byck, Dallas, for appellant.

Henry Wade, Dist. Atty., T. Michael Sutton, Asst. Dist. Atty., Rick Russell and Mike Patterson, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and ODOM, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for rape of a child. Punishment was assessed at fifteen years.

In his first two grounds of error appellant argues reversible error is presented by violation of Art. 38.11, V.A.C.C.P., when his wife was permitted to testify against him. That statute provides:

"Neither husband nor wife shall, in any case, testify as to communications made by one to the other while married. Neither husband...

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