Yeiral v. State

BROOKS, Judge.

Appellant was convicted of aggravated assault, and his punishment assessed at two years imprisonment in the county jail and a fine of $750.

The only question in this record we deem necessary to review is the matter presented by bill of exceptions No. 23. The appellant, in his own behalf, introduced as a witness his wife, whereupon the following examination of said witness was made by the defendant’s counsel:

''Q. Is the defendant your husband ? A. Yes, sir.

“Q. Are you living together now as man and wife? A. Yes, sir.

“Q. Were you living together as husband and wife in March, 1907?…