Willis v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

Contending that the court’s treatment of appellant’s complaint in bill of exception No. 2 was improper, reference is made to Weatherspoon v. State, 111 Texas Crim. Rep., 473, 14 S. W. (2d) 1038, and Dorsey v. State, 112 Texas Crim. Rep., 133, 14 S. W. (2d) 277.

In the Weatherspoon case, supra, the conviction was for the unlawful possession of intoxicating liquor. In his argument, counsel for the state said to the jury: “I tell you gentlemen what they are doing; this man was down there peddling whisky and had his boy peddling it for him.”

The case…