Minton v. State

DAVIDSON, Judge.

This is a conviction for murder with malice; the punishment, •twenty-five years in the penitentiary.

No statement of facts accompanies the record.

For a reversal of this case, appellant relies upon two bills of exception and the facts certified therein.

Each bill of exception complains of the closing argument of state’s counsel to the jury as being a reference to the failure of the appellant to testify as a witness.

The argument set forth in Bill of Exception No. 1 is as follows:

“ ‘There is no witness that the State can call who can testify what was in that man’s head, no way we…