Everett v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

In the motion for rehearing, counsel for the appellant stresses the claim that the alleged improper comment of the judge trying the case discloses an imperative necessity for a reversal of the judgment of conviction. From the bill of exception, it is shown that, after sustaining the objection of state’s counsel to certain questions propounded by appellant’s counsel to the witness Rose, the judge made the following remark: “You may have your bill and stay off of that immaterial stuff.”

Rose was one of the alleged persons robbed. He was called by…