Villarreal v. State

OPINION

BENAVIDES, Justice.

Appellant was convicted of injuring an elderly person. TEX. PENAL CODE *641ANN. § 22.04 (Vernon Supp.1986). The trial court assessed punishment at twenty-five years in the Texas Department of Corrections.

In his first ground of error, appellant contends that the State committed fundamental error in calling before the jury Alicia Margarita Martinez, his common-law wife, to testify as a State’s rebuttal witness, even though the trial court ruled that she would not be allowed to testify, and did not testify. Appellant relies on the rule of law applied in Johnigan v. State,…