Garner v. State

The appellant, Willie Mae Garner, was convicted of assault and battery with intent to kill and murder one Dock Jefferson, and sentenced to serve a term of four years in the state penitentiary. On this appeal she assigns as error that (1) certain remarks of the district attorney in his closing argument to the jury amounted to a comment upon the failure of the defendant to testify *843in her own behalf; and (2) that there was a fatal variance between the indictment, the proof, and the instructions of the court.

The remarks of the district attorney complained of were in the following language,…