Staner v. State

ON motion for rehearing.

Morrow, Presiding Judge.

In his motion for rehearing appellant contends that he was entitled to have the jury instructed in the language of his Requested Charge No. 5 as follows: “You are instructed that you will not discuss or refer to in this case, the fact that the defendant has not testified as the law will not permit such discussion or reference thereto.”

There is nothing in the record to show that the requested instruction was submitted to the court before he gave his main charge to the jury.

We quote from 4 Tex. Jur'., p. 78, Section 49, as follows: “In order that…