Cherokee County, Texas--An East Texas man awaiting trial for the wrongful charge of Assault by Impeding Breath was vindicated by a dismissal from the Cherokee Count DA's office late Friday afternoon.  At the center of the case was the accusation of the man's wife who claimed that a verbal argument led to a physical altercation in which she was choked by her husband.  Tab Lawhorn, attorney for the accused, with the help of a private investigator, gathered evidence that controverted the State's charges and in the final hours before indictment, received the notice that the State would not pursue the charges further.