Baggett v. State

ON MOTION FOR REHEARING.

WOODLEY, Judge.

In his Bill of Exceptions No. 2, appellant complains of the closing argument of the district attorney wherein he stated that the defendant had not filed an application for suspended sentence, and that “it was either nothing or penitentiary” for the defendant.

Such bill is insufficient to reflect error, if such there be, for the reason that it fails to show that such argument was not invited by or made in reply to argument of defense counsel. See France v. State, 148 Tex. Cr. R. 341, 187 S. W. 2d 80; Carpenter v. State, 149 Tex. Cr. R. 144, 192 S. W. 2d…