Washington v. Texas, 388 U.S. 14 (1967)
U.S. Supreme Court
Washington v. Texas, 388 U.S. 14 (1967)
Washington v. Texas
No. 649
Argued March 15-16, 1967
Decided June 12, 1967
388 U.S. 14
Syllabus
Petitioner and another were charged with a fatal shooting. Petitioner's alleged co-participant was tried first and convicted of murder. At petitioner's trial for the same murder, he sought to secure his co-participant's testimony, which would have been vital for his defense. On the basis of two Texas statutes which, at the time of trial, prevented a participant accused of a crime from testifying for his coparticipant (but not for the prosecution), the judge sustained the State's objection to the coparticipant's testimony. Petitioner's conviction ensued, and was upheld on appeal.
Held:
1. The right under the Sixth Amendment of a defendant in a criminal case to have compulsory process for obtaining witnesses in his favor applies to the States through the Fourteenth Amendment. Pp. 388 U. S. 17-19.
2. The State arbitrarily denied petitioner the right to have the material testimony for him of a witness concerning events which that witness observed, and thus denied him the right to have compulsory process for obtaining witnesses in his favor. Pp. 388 U. S. 19-23.
400 S.W.2d 756, reversed.