Harville v. State

Appellant was convicted of incest and his punishment assessed at three years confinement in the penitentiary.

The former appeal in this case will be found in 54 Tex. Crim. 426, 113 S.W. Rep., 283.

Bill of exceptions No. 1 shows that the district attorney in his opening argument to the jury made use of the following words, to wit: "Leta May Brotherton, the party who, the proof shows, was jointly indicted with the defendant in this cause, is not here. She is now living with defendant in his home, and seems to him that she could have been here and testify in this cause for the defendant. Why did…