Zebedee Young v. State Texas

Opinion ON STATE'S MOTION FOR REHEARING Because the State urged strongly that the panel opinion in this cause misconstrued certain language providing an exception to the statutory prohibition that spouses shall in no case testify against each other in a criminal prosecution, Article 38.11, V.A.C.C.P., and claimed that the earlier panel opinion in Garcia v. State, 573 S.W.2d 12 (Tex.Cr.App.1978) supported its submission, we granted the motion for leave to file. Now, having carefully examined and considered the contention and the opinion in Garcia v. State, supra, we find that the State has missed the target by drawing a bead on the wrong point, that what Garcia decided is not the issue here and, therefore, the motion for rehearing is wide the mark. The exceptional situation at issue is circumscribed by that part of Article 38.11, supra, which reads: