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BROWN v. STATE

17525.

208 Ga. 304 (1951)

66 S.E.2d 745

BROWN v. THE STATE.

Supreme Court of Georgia.

Decided September 10, 1951.

Attorney(s) appearing for the Case

G. B. Cowart, for plaintiff in error.

Eugene Cook, Attorney-General, W. Glenn Thomas, Solicitor-General, Frank B. Stow and H. Grady Simmons, Assistant Attorneys-General, contra.

WYATT, Justice.

1. (a) Special ground one complains that the court erred in holding Ida Mae Brown competent to testify against the defendant, for the reason that she was his common-law wife. Special ground two complains that the court erred in not submitting to the jury the competence of Ida Mae Brown to testify against the defendant. A common-law wife is not competent to testify against her common-law husband in a criminal action. Code, § 38-1604; Allen<...

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