Price v. State

Carley, Judge.

Appellant was indicted for aggravated assault against a peace officer. He was tried before a jury and, in giving its instructions, the trial court gave an unrequested charge on aggravated assault as a lesser included offense. The jury found appellant guilty of aggravated assault. A motion for new trial was denied and appellant appeals from the judgment of conviction and sentence entered on the jury’s verdict.

1. Appellant’s wife invoked her spousal privilege and elected not to testify at the trial. Over appellant’s objection, the assistant district attorney was allowed to make…