Holifield v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of murder; the punishment was assessed at imprisonment for thirty-eight years.

The appellant contends, in his second ground of error, that the trial court erred in refusing to reopen the case after both sides closed so that appellant could testify in his own behalf. For reasons which will be stated, we agree with this contention. Our disposition of the case on this ground makes it unnecessary to consider appellant’s other contentions.

Appellant did not testify, but relied on the testimony of others to raise the issue of…