Kennington v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— Counsel for appellant has filed a motion for rehearing which has challenged the attention of the court and we have given the same careful consideration.

The language used by state’s counsel which is urged as having referred to the failure of appellant to testify is set out in the original opinion, and the circumstances under which the argument was made is also recited clearly and fully, together with the argument of counsel for appellant in the same connection.

The rule with reference to “implied” or “indirect” reference to the failure of an accused to…