TINGLEY v. STATE

No. 26009.

252 S.W.2d 192 (1952)

TINGLEY v. STATE.

Court of Criminal Appeals of Texas.

November 5, 1952.


Attorney(s) appearing for the Case

G. H. Hamilton, Joe A. Faucett, Dallas, for appellant.

Henry Wade, Crim. Dist. Atty., Charles S. Potts, Charles L. Ford, Jr., Asst. Dist. Attys., Dallas, George P. Blackburn, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is driving while intoxicated; the punishment, 120 days in jail.

Bill of exception No. 4 recites that certain prejudicial argument was made by the State's counsel; that appellant objected thereto and requested the court to instruct the jury to disregard said argument, but that he was deprived of a ruling by the court because the trial judge was absent from the courtroom when the argument was made and, upon his return to the courtroom...

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