Clepper v. State

Christian, Judge.

The offense is possession of intoxicating liquor in a dry area for the purpose of sale; the punishment, a fine of $150.

It is shown in bill of exception No. 3 that the county attorney, in addressing the jury, used language as follows: “The defendant can, in some instances, overcome evidence that he didn’t possess beer for the purpose of sale, but I haven’t heard any evidence from the defendant that he didn’t possess it for the purpose of sale.”

Appellant objected to the argument on the ground that it constituted a direct reference to his failure to testify. The objection was…