Johnson v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— The State, through the District Attorney and Assistant District Attorney of McLennan County, has filed a motion for rehearing insisting that we were in error in holding that bill of exception number five exhibited an argument which had reference to the failure of appellant to testify.

Necessarily to pass upon the question the charge against appellant and the facts must be understood. It was alleged in the indictment that appellant, by the use of a pistol assaulted Burch, and took from him thirty dollars. Burch was a used car salesman. On the pretense of…