Weatherred v. State

ON STATE’S MOTION FOR REHEARING.

LATTIMORE, Judge.

Our original opinion was based on a supposed error appearing in appellant’s bill of exceptions No. 3, which complains of the closing argument of the attorney for the State, who said to the jury, in apparently a continuous statement, as follows: “Roy Lay arrests the defendant and takes him to jail. The defendant says nothing; he explains nothing.” The bill recites as follows: “To which language ‘The defendant says nothing. He explains nothing,’ the defendant then and there in open court and at the time such argument was made duly, properly and…