Martini v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant complains at our opinion wherein it is said that no one testified to having seen Bush or known him or heard of him save appellant, and that appellant’s wife did not testify. He insists that the latter statement places upon him the burden of proving his innocence. Reference to the failure to produce material witnesses shown to be in position to give favorable testimony, has never been held to be the placing of any .burden upon the accused. Appellant also insists that his witness Sullens had seen and known said Bush. This matter is fully…