Canales v. State

ON MOTION FOR REHEARING.

KRUEGER, Judge.

The state, by and through its able district attorney, has filed a lengthy motion for rehearing in which it is contended that we committed an egregrious error in reversing and remanding this case on the ground that the jury, in their deliberation, commented on appellant’s failure to testify. Such a reference by the jury in their deliberation on the case is inhibited by Art. 710, C. C. P., as pointed out in the original opinion. See also Lout v. State, 122 Tex. Cr. R. 448 (56 S. W. (2d) 454; Reese v. State, 102 Tex. Cr. R. 511 (278) S. W. 451); and McCoy…