
    LEE v. STATE.
    (No. 5962.)
    (Court of Criminal Appeals of Texas.
    Nov. 17, 1920.)
    Criminal law <&wkey;722(2) — Argument by prosecuting attorney as to his failure to attack defendant’s reputation not reversible error.
    Argument of the prosecuting attorney, with reference to his failure to attack the reputation of defendant, charged with simple assault, because such attack .was not permitted by law, held not reversible' error.
    Appeal from Tarrant County Court; Hugh L. Small, Judge.
    E. C. Lee was convicted of simple assault, and he appeals.
    Affirmed.
    Alvin M. Owsley, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted 'in the county court of Tarrant county of the offense of simple assault, and his punishment fixed at a fine of $5.

Appellant’s motion for a new trial complains that the verdict was contrary to the law and the evidence, and also of the fact that the prosecuting attorney was permitted to comment in his argument 'upon 'the fact that the state could not attack the reputation of the appellant, under the law, until he put same in issue. This court held, in Patterson v. State, 221 S. W. 597, that the argument of the prosecuting attorney, with reference to his failure to attack the defendant’s reputation because the same was not permitted by law, was not ground for reversal.

We are unable to say from this record that there is no evidence upon which the jury might have predicated their verdict. The evidence for the state and for the accused is conflicting, but the jury have resolved this ■conflict of evidence against the appellant, and we are not disposed to disturb their finding.

The judgment of the trial court- is affirmed. 
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