McPherson v. State

• Decision Date: 22 November 1890
• Citation: 15 S.W. 174
• Parties: McPHERSON v. STATE.
• Court: Texas Court of Appeals

15 S.W. 174

McPHERSON v. STATE.

Court of Appeals of Texas.

November 22, 1890.

Appeal from district court, Van Zandt county; F. J. McCORD, Judge.

Kearby & Greer, for appellant. Asst. Atty. Gen. Davidson, for the State.

WILLSON, J.

It is made to appear by two bills of exception in this record that counsel for the state, in his argument to the jury, alluded to and commented upon the failure of the defendant to testify in his own behalf in the cause. This was manifest error, for which the trial judge should have set aside the conviction, thereby avoiding the delay, expense, and trouble of this appeal. Hunt's Case, 28 Tex. App. 149, 12 S. W. Rep. 737. The error is confessed by the assistant attorney general, and because of said error the judgment is reversed, and the cause remanded.