SEIBERT v. STATE

No. 30282.

319 S.W.2d 335 (1959)

Howard Taft SEIBERT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 7, 1959.


Attorney(s) appearing for the Case

Anderson, Latham & Castledine, Wichita Falls, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

The offense is driving while intoxicated; the punishment, ten days in jail and a fine of $100.

No statement of facts accompanies the record, and the sole question presented is an alleged reference in the prosecution argument to the defendant's failure to testify. As qualified, the bill reflects that the State's witness Officer Henderson testified that at the scene of the arrest the appellant said, "Hawkins, you were driving the truck...

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