JOHNIGAN v. STATE

No. 45044.

482 S.W.2d 209 (1972)

Wallace Martin JOHNIGAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 28, 1972.


Attorney(s) appearing for the Case

Saunders, Caldwell & Schmidt by J. Byron Saunders, Tyler, for appellant.

Curtis L. Owen, Dist. Atty., Tom T. Tatum, Asst. Dist. Atty., Tyler, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction for the offense of assault with intent to murder without malice upon Robert Louis McCloud. Trial was held before a jury, which assessed punishment at confinement for three years.

In his second ground of error, appellant contends that the court erred in allowing the prosecutor to call appellant's wife as a witness at the punishment stage of the trial.

The record reflects that at the...

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