Durbin v. State

CALHOUN, Judge.

— Offense, manufacture of liquor; punishment, one year in the penitentiary.

The sheriff of San Augustine County and one of his deputies testified that they caught the appellant making whisky. Appellant pleaded guilty to said charge and filed his plea for suspended sentence in due time and offered evidence to the effect that he was only twenty-one years of age and had never been convicted in this State or any other state of a felony. Appellant did not testify.

Two matters are brought forward for review. One relates to the argument of the district attorney and the other to the…