Porter v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

In so far as bill No. 5 is concerned, we find that appellant’s attorneys presented to the court their bill No. 5, omitting formal parts, as follows:

“Be it remembered that on the trial of the above styled and numbered cause the assistant district attorney committed material error in his argument to the jury, in which he used this language: Then follows the language set forth above herein. The bill then continues:

“This argument was objected to at the time by counsel for the defendant, as it carried the imputation to the jury that the • defendant’s silence…