Bell v. State

CHRISTIAN, Judge.

The offense is burglary; the punishment, confinement in the penitentiary for two years.

The State’s attorney before this court confesses that bill of exception No. 5 reflects reversible error. Said bill presents the following occurrence: Appellant did not testify. In argument to the jury the district attorney remarked that appellant had not offered any testimony. Appellant’s counsel objected on the ground that said statement was a reference to appellant’s failure to testify. The court overruled the objection. The district attorney then said: “The defendant could be the only…