Weaver v. State

OPINION ON MOTION FOR REHEARING

DRAUGHN, Justice.

Appellant was found guilty of capital murder and sentenced to life imprisonment. In three points of error, appellant contends the trial court committed reversible error by: 1) denying appellant’s putative common law wife the right to claim spousal privilege; 2) failing to submit a requested jury charge on the lesser included offense of aggravated assault, and; 3) making an affirmative finding of the use of a deadly weapon in the commission of the offense. We overrule points of error one and two, sustain point of error three and reform the…