Patterson v. State

MORRISON, Judge.

The offense is sodomy; the punishment, two years.

In view of our disposition of this appeal, a statement of the facts is deemed unnecessary.

Bill of Exception No. 1 reads as follows:

“BE IT REMEMBERED, that on the trial of the above styled and numbered cause, that while Z. D. Allen, one of the attorneys for the Defendant, was arguing the case to the Jury he said ‘where is Alfred Bohannon, he was indicted for this same offense, the State could call him, but we * * * ’ and started to argue further the State’s failure to call the co-indictee Alfred Bohannon, as a witness.

“One of the…