Sterling v. State

A jury found appellant guilty of aggravated assault. Tex.Pen.Code Ann. § 22.02 (1989 & Supp.1991). The district court assessed punishment, enhanced by two previous felony convictions, at imprisonment for twenty-five years.

The victim of the assault was appellant’s wife. She testified that appellant struck her with his fists, a tape recorder, a brick, and a telephone.

In his only point of error, appellant contends the district court erred by permitting his wife to testify against him over his objection that her testimony violated the confidential communication privilege. Tex. R.Cr.Evid.Ann.…