Galan v. State

on appellant’s motion for rehearing

BELCHER, Judge.

The complaint of the refusal of the court to charge the jury on the appellant’s failure to testify cannot be sustained. Such an instruction is not required to be given to the jury. 1 Branch’s Ann. P.C., 2nd Ed., 419, Sec. 397; Pounds v. State, 142 Texas Cr. Rep. 52, 150 S.W. 2d 798; Oakley v. State, 152 Texas Cr. Rep. 361, 214 S.W. 2d 298; Ponder v. State, 159 Texas Cr. Rep. 585, 265 S.W. 2d 836.

The motion for rehearing is overruled.

Opinion approved by the Court.