Moore v. State

Citations

• 21 Tex. Ct. App. 666
• 2 S.W. 887
• 1886 Tex. Crim. App. LEXIS 207

Syllabus

<p>Practice—Privilege of Counsel.—Article 783 of the Code of Criminal Procedure provides that “ the effect of a new trial is to place the cause in the same position in which it was before any trial had taken place. The former conviction shall be regarded as no presumption of guilt, nor shall it be alluded to in the argument.” The effect of a decision of the Court of Appeals, reversing and remanding a conviction had in the court below, is to award the accused a new trial. See the opinion in extenso for remarks of prosecuting counsel, used in argument to the jury, held to be a palpable violation of the statute, and, therefore, reversible error.</p>