Wagoner v. State

Court of Criminal Appeals of Texas
Wagoner v. State, 151 S.W. 313 (Tex. Crim. App. 1912)
68 Tex. Crim. 275; 1912 Tex. Crim. App. LEXIS 608
Harper

Wagoner v. State

Opinion of the Court

HARPER, Judge.

— This is a companion ease to that of Dave Cog-gins v. State, this day decided, and the facts and questions are so similar we do not deem it necessary to again discuss, but merely refer to that case.

The only question presented by this record, not raised in the Cog-gins case, is an objection to the remarks of State’s counsel. It appears it was proven, without objection, that appellant had been convicted of swindling, and the district attorney, commenting on that fact, said if he would “obtain property under false pretenses, he would also steal.” The court states in approving the bill that he does not know whether the language was used or not; that if used, his attention was not called to it at the time, and no charge was requested instructing the jury not to consider it. As the qualification renders it uncertain whether the language was used, and the court is certain that his attention was not called to it, if used, and no request made to instruct the jury not to consider it, the matter does not present reversible error.

The judgment is affirmed. Affirmed.

Reference

Full Case Name
Dude Wagoner v. State.
Status
Published