Opp v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— The State insists that we were in error in holding that argument complained of was a reference to the failure of appellant to testify. It was not the purpose of the court to depart from the holding in Boone v. State, 90 Texas Crim. Rep., 374, 235 S. W., 580, to the effect that to come within the prohibition of the statute the language used must be such that the implication must necessarily be that the language had reference to the failure of appellant to testify. In determining such question the language used must be looked to from the standpoint of…