Miller v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of the rape upon a girl under the age of 15 years, the penalty assessed being five years confinement in the penitentiary.

The district attorney, making his closing speech to the jury, remarked: “Gentlemen of the jury: The defendant’s counsel has brought here and introduced in evidence on the trial the evidence of old Bob Hardy, given by him on the examining trial, to contradict his evidence given on this this trial. Gentlemen, the defendant testified in his own behalf on the examining trial—where is his testimony? They have not introduced it on…