Smith v. State

TERRELL, Justice.

Appellant was indicted, tried and convicted for murder in the first degree with recommendation to mercy. He was sentenced to state penitentiary at hard labor for the term of his natural life and now seeks relief from that judgment by appeal.

It is contended (1) that the trial court committed error in allowing the state attorney in his closing argument to the jury to comment on. the fact that defendant failed to take the stand and testify in his own behalf; (2) the evidence does not support the verdict of the jury and judgment of the trial court in finding defendant guilty of…