Bagley v. State

DAVIDSON, Pbesiding Judge.

Appellant was convicted of horse theft, his punishment being assessed at ten years confinement in the penitentiary.

During the argument appellant’s' attorney stated to the jury as follows: “The constable Allen first stated to you that he picked the defendant out from the rest of the prisoners, without Kirk first pointing defendant out to him; he afterwards almost admits that Kirk did point defendant out to him.” Adamson, the assistant county attorney, replying, said, “Allen testified before you that he went to the jail and picked defendant out without Kirk pointing…