Morris v. State

Quillian, Presiding Judge.

The defendant appeals his conviction for aggravated assault. The sole enumeration of error is addressed to the failure to declare a mistrial after some allegedly prejudicial testimony. The victim, defendant’s wife, after answering a question propounded by the prosecuting attorney, volunteered that defendant was "mean” and "beat me up.” She added "I took a lot of beatings off that guy.” This occurred after she had given testimony that, two months prior to the shooting which was the basis of the aggravated assault charge, the defendant had beaten her and threatened her…