Jackson v. State

KRUEGER, Judge.

The appellant was convicted of the offense of theft of one head of cattle and his punishment was assessed at confinement in the State penitentiary for a term of two years.

We do not deem it necessary to state the testimony, which consists entirely of circumstances, because the judgment must be reversed on the argument of the district attorney in referring to appellant’s failure to testify. The bill of exception shows that appellant did not testify in the case; that the district attorney in his closing argument to the jury said: “And yet, neither Fred Jackson nor Oren Jackson has…