Wilkins v. State
Court of Criminal Appeals of Texas
Appeal from tbe County Court of Brown. Tried below before Hon. Charles RogaN, County Judge. This appeal is from a judgment of conviction under an information for unlawfully and knowingly selling liquor to one Walt Burns, a minor under tbe age of 21 years. Tbe punishment assessed was a fine of $75. Tbe information was officially signed thus: ‘ ‘ Tbomas Maples, county attorney, by H. H. Moore, deputy county attorney, Brown County, Texas.”
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Appeal from tbe County Court of Brown. Tried below before Hon. Charles RogaN, County Judge. This appeal is from a judgment of conviction under an information for unlawfully and knowingly selling liquor to one Walt Burns, a minor under tbe age of 21 years. Tbe punishment assessed was a fine of $75. Tbe information was officially signed thus: ‘ ‘ Tbomas Maples, county attorney, by H. H. Moore, deputy county attorney, Brown County, Texas.” A motion in arrest of judgment on account of tbe insufficiency of tbe information, because not presented by an officer authorized by law, was overruled. Tbe…
1Opinion of the Court
DAVIDSON, Judge.
Counsel for tbe State, in his argument to the jury, said of the defendant: “If this man is not guilty, why does he not take the stand and testify in his own behalf? As you all know, he is now, under the law, a competent witness.” In signing the bill of exceptions, the court says, “that as soon as the objection was made the court corrected the prosecuting attorney, and then instructed the jury that the statement made by the attorney was uncalled for, and not warranted or permitted; that the defendant did not have to testify; that it was a matter wholly within his discretion;…
2Cited by7 opinions
- Hare v. StateCourt of Criminal Appeals of Texas · 1909
- Moore v. StateCourt of Criminal Appeals of Texas · 1948
- Pierson v. StateCourt of Criminal Appeals of Texas · 1915
- Adams v. StateCourt of Criminal Appeals of Texas · 1904
- Hill v. StateCourt of Criminal Appeals of Texas · 1948
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