Brown v. State

WOODLEY, Judge.

The offense is perjury; the punishment, two years in the penitentiary.

Appellant did not testify.

Bills of Exception Nos. 2, 3, 4 and 5 relate to argument of the attorney for the state.

All of these bills certify that the remarks complained of constituted a reference, allusion, and comment upon the failure of the defendant to testify and could not reasonably be applied to the failure to produce testimony other than his own.

Applying the rule stated in Clary v. State, 155 Tex. Cr. Rep. 257, 234 S.W. 2d 424, and Taylor v. State, 156 Tex. Cr. Rep. 452, 243 S.W. 2d 582, and failing to…