BROWN v. STATE

No. 26719.

264 S.W.2d 119 (1954)

BROWN v. STATE.

Court of Criminal Appeals of Texas.

February 3, 1954.


Attorney(s) appearing for the Case

D. F. Sanders, Malcolm Sanders, Alto V. Watson, Beaumont, Sexton & Neff, Orange, for appellant. Wesley Dice, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is perjury; the punishment, two years in the penitentiary.

Appellant did not testify.

Bills of Exception 2, 3, 4 and 5 relate to argument of the attorney for the state.

All of these bills certify that the remarks complained of constituted a reference, allusion and comment upon the failure of the defendant to testify and could not reasonably be applied to the failure to produce testimony other than his own.

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