Hart v. State ( 1940 )

Appellant reiterates his contention that the jury in their retirement discussed his failure to testify to the extent that the mandatory provisions of Article 710, C. C. P., were violated After carefully re-examining the record, we are constrained to adhere to the conclusion expressed in the original opinion.

The motion for rehearing is overruled.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.