Smith v. State

HAWKINS, Judge.

Appellant was indicted for the murder of D. Jones. Conviction was for manslaughter, punishment being five years in the penitentiary.

It is unnecessary to state the facts. The judgment must be reversed for a clear violation of the mandatory provision of Art. 710, C. C. P., which prohibits the allusion to or comment on accused’s failure to testify. It is suggested by the State’s Attorney that the bill of exception bringing the point forward may not be full enough. The bill shows that the language used by the County Attorney was: “This defendant not testifying, this defendant, I do…