Lee v. State

The reversal of this conviction is predicated solely upon Bill of Exception No. 2, which relates to remarks of one of the attorneys for the state. My brethren conclude that the remarks constitute a reference to appellant’s failure to testify and thus offend against Art. 710 V.A.C.C.P.

t

If the language used, looked to from the standpoint of the jury, necessarily had reference to the defendant’s failure to testify, a violation of Art. 710 C.C.P. is shown, and the defendant should be granted a new trial. But it is not sufficient that the language used by the attorney for the state may be…