Martin v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for the offense of assault with intent to murder without malice. The jury assessed punishment at three years.

Appellant’s sole contention is that the trial court erred in overruling his motion for mistrial in that the state improperly impeached a defense witness with evidence inadmissible under Article 38.29, Vernon’s Ann.C.C.P.

Mary Tyler testified that she went to Joan Martin’s house, intending to spend the night, and that she took with her a .38 caliber pistol which she stated was inoperative. She testified that she watched television in…