
    COKER v. STATE.
    (No. 10043.)
    (Court of Criminal Appeals of Texas.
    March 24, 1926.)
    Criminal law <&wkey;l I70(/2(5) — Witnesses <&wkey;277 (5) — Requiring accused, in ■ prosecution for wife desertion, to give testimony concerning relations with former wife held erroneous, and prejudicial.
    In a prosecution for wife desertion, cross-examination of accused concerning his relations with his former wife held erroneous, being immaterial and foreign to case on its merits, and was prejudicial, since testimony was such that issue might have been decided in his favor.
    Appeal from Tarrant County Court at Law No. 1; P. W. Seward, Judge.
    Calvin Coker was convicted of wife desertion, and he appeals.
    Reversed and remanded.
    Harry Myers, of Fort Worth, for appellant
    Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   MORROW, P. J.

The offense is wife desertion; punishment fixed at a fine of $50. The evidence, though controverted, is sufficient to support the verdict.

Upon his cross-examination, appellant was required to give testimony concerning his relations with his former wife. In connection, therewith it was developed that he had separated from his first wife and baby in 1919. This testimony was received over the objection of the appellant, which, we think, should have been sustained. It brought into the case a matter entirely foreign to its merits. It was wholly immaterial, and calculated to injure the accused. The testimony is such that the issue might have been decided in his favor. Therefore it cannot be said that the improper testimony would not have weight against him.

The judgment is reversed and the cause remanded. 
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