Jordan v. State
Court of Appeals of Texas
Appeal from the County Court of Clay. Tried below before Hon. Ben F. Turner, County Judge. This conviction is for adultery, the punishment assessed being a fine of $100. Defendant and Florence Hamilton were jointly charged with the offense by information. Defendant alone was put upon trial. The opinion states the case as to the questions decided.
1Opinion of the Court
DAVIDSON, Judge.
By a bill of exceptions duly reserved the appellant shows that the county attorney in his opening argument said, in substance: “The law allows the defendant to testify for himself,
but if he fails to do so the law says that I shall not comment upon his failure to testify in his own behalf; but it does not preclude me from commenting upon the failure of the defendant to put Florence Hamilton on the stand as a witness.” Our statute provides that “ hereafter any defendant in a criminal action shall be permitted to testify in his ■own behalf therein, but the failure of any…
2Cited by4 opinions
- Rowe v. StateSupreme Court of Florida · 1924
- State v. BaldoserSupreme Court of Iowa · 1893
- Generes v. Security Life Ins. Co. of AmericaCourt of Appeals of Texas · 1914
- Smith v. Town of AnsonCourt of Appeals of Texas · 1913