Brooks v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

On more mature reflection we think the error committed by the prosecuting attorney in his argument demands a reversal.

The prosecuting witness Walker had testified that he bought a pint of whisky from appellant about one or two o’clock on December 14th; that he only went to appellant’s house one time, and that William Chat-ham nor any one else went with him to appellant’s house at any time. When the officers first accosted Walker and inquired about the whisky he told them he got it from Son Gilmore. Appellant testified that he was away from home on…