Brailaford v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of assault to murder, his punishment being assessed at two years confinement in the penitentiary.

The first bill of exceptions complains of the following remarks of the district attorney: “Gentlemen of the jury, if you don’t convict this defendant for this offense you will see you will have to try him for a higher offense in the near future; the way to stop this is to send this defendant to the penitentiary.” Objection was urged to this because there was no evidence that appellant was charged with any other offense, and such remarks were…