Eads v. State

DAVIDSON, Presiding Judge.

Appellant was given ten years in the penitentiary for murder in the second degree.

On the trial appellant testified in his own behalf. A bill of exceptions recites that the district attorney, making his closing argument to the jury, said: "Gentlemen of the jury: The record in this case shows that there has been an examining trial and the defendant in the examining trial failed to go on the stand and testify, and so far as this record shows he has never denied killing A. J. Hopkins until he took the stand and testified in his own behalf this morning at which time he…