Chambless v. State

HAWKINS, Presiding Judge.

Conviction is for selling whisky in a dry area, punishment assessed at a fine of $250.00 and* 60 days in jail.

A recital of the facts is not necessary. The appellant did not testify.

Our State’s Attorney confesses error on the complaint that the jury discussed and considered the failure of appellant to testify. We agree with him in his conclusion. See Art. 710 C. C. P.; Harrell v. State, 118 Tex. Cr. R. 279, 42 S. W. (2d) 438.

We are also of opinion that bill of exception number four presents reversible error. Two State’s' witnesses "testified to the sale by appellant of…