Hobbs v. State

BERRY, Judge.

The offense is aggravated assault, and the punishment is a fine' of $100 and eight months in jail.

The case must be reversed because of the action of the county attorney in commenting on the failure of the defendant to testify in his own behalf.

The bills of exceptions affirmatively show that only the prosecuting witness, J. W. Sanders, J. D. Rogers and the appellant were present at the time the assault was alleged to have been committed. The bills further show that Rogers was at the time off this trial under bond awaiting trial on a charge of aggravated assault upon the said…