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ROYAL v. STATE

No. 26989.

273 S.W.2d 426 (1954)

Charles ROYAL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 15, 1954.

Attorney(s) appearing for the Case

Clay Coggins, Roby, for appellant.

Phil Davis, County Atty., Aspermont, Wesley Dice, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, 20 days in jail and a fine of $50.

The original opinion herein is withdrawn, and the following substituted in lieu thereof.

Bill of exception No. 13 complains of an allusion to the failure of the appellant to testify contained in the following argument of the prosecutor, to-wit:

"According to Mr. Vaughan, and nobody has denied the truth, Mr. Vaughan said to him...

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