194 S.W. 828 | Tex. Crim. App. | 1917
Charged by information with the offense of unlawfully carrying a pistol on and about his person, judgment on the jury verdict assessing appellant's punishment at a fine of $100 and sixty days confinement in the county jail, is the basis of this appeal.
The county attorney in his closing argument to the jury used the following language, as shown by the bill of exceptions: "I am going to take the liberty to testify further that this very negro is now charged with assault with intent to murder in the District Court of this county." This fact was not in evidence and would not have been admissible in evidence upon the trial of the case. Morgan v. State, 62 Tex.Crim. Rep.; Haney v. State,
Appellant's other assignments of error are not well taken.
For the error pointed out the judgment of the lower court is reversed and the cause remanded.
Reversed and remanded.