Ford v. State

OPINION

DALLY, Commissioner.

The conviction is for the sale of marihuana; the punishment, ten years imprisonment.

The sole ground of error urged by the appellant is that counsel representing the State in jury argument commented on the failure of the defendant to testify.

The appellant did not testify and he made no statement that was introduced into evidence.

The State’s case showing the sale of marihuana was based upon the testimony of one narcotics undercover agent. The appellant, prior to trial, was granted the right and did take the deposition of the State’s witness, the narcotics undercover…