Johnigan v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for the offense of assault with intent to murder without malice upon Robert Louis McCloud. Trial was held before a jury, which assessed punishment at confinement for three years.

In his second ground of error, appellant contends that the court erred in allowing the prosecutor to call appellant’s wife as a witness at the punishment stage of the trial.

The record reflects that at the hearing on punishment the appellant testified that he did not live at home with his wife and children but that he did support them. The prosecutor then asked…