Berry v. State

Pannell, Judge.

The defendant was charged, tried and convicted of making an assault with a deadly weapon. His motion for new trial was overruled and he appealed to this court, complaining of two errors allegedly committed by the trial judge. Held:

1. During the prosecuting attorney’s argument to the jury, the attorney for the defendant objected to his argument "about the failure of the defendant to put up co-defendants in the case as witnesses in his behalf, because under the law we are not able to compel them to testify. They are joint defendants.” The trial court overruled the objection.…