Costilla v. State

WOODLEY, Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, 3 days in jail and a fine of $100.

The record contains no statement of facts.

There is one bill of exception. It complains of a remark of the attorney for the State in argument to the jury, objected to on the ground that it was a direct reference to the failure of the defendant to testify.

In the absence of a statement of facts we are not prepared to hold that the remark to the effect that the evidence introduced “is uncontroverted and undenied” was a direct reference to appellant’s…