
    GREENWOOD v. STATE.
    (No. 3173.)
    (Court of Criminal Appeals of Texas.
    June 17, 1914.)
    Criminal Law (§ 687s) — 1Trial—Reception oe Evidence.
    In a rape case, it was not error'to permit the state’s counsel, after the state had made its opening argument, and while defendant’s counsel was speaking, to recall the prosecuting witness to prove that she was not the wife of accused.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 1621, 1622,1625; Dec. Dig. § 687.]
    Appeal from District Court, Bell County; John D. Robinson, Judge.
    F. C. Greenwood was convicted of rape, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was convicted of rape on a girl under 15 years of age, and his punishment assessed at 7 years’ confinement in the state penitentiary.

The only bill of exceptions in the record complains that after the state had made its opening argument, and during the time defendant’s counsel was speaking, the court permitted state’s counsel to recall the prosecuting witness, and prove that she was not the wife of defendant. In this there was no error, as our Criminal Procedure provides that the court may permit evidence to be introduced at any time prior to the completion of the argument, if he deems it necessary to the due administration of justice.

The charge fairly submits the issues, and the judgment is affirmed.  