Allen v. State

Thomas Allen appeals from conviction on a charge of murder and sentence to the penitentiary for life. The testimony in the case fully warranted the jury in finding the defendant guilty as charged.

Appellant assigns one error for reversal, and that is that the judgment should be reversed, because the prosecuting attorney, in his closing argument to the jury, commented upon the failure of defendant to call his wife as a witness in his behalf. That part of the special hill of exceptions setting up this ground for reversal is as follows :

“First, after all testimony was introduced and all argument…