Fisher v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for assault with intent to murder. Punishment was assessed by the jury at three years.

It is undisputed that appellant shot his common-law wife’s sister. Appellant relied on the defense of accident.

Appellant contends the court erred in permitting the prosecutor to comment in argument on appellant’s failure to call his wife as a witness.

During the State’s closing argument on guilt the prosecutor commented on appellant’s failure to call his wife as a witness as follows:

“MR. DRISCOLL [Prosecutor]: And the reason she wasn’t called is…