The presumption, of course, was neither credible testimony nor evidence adduced. Yet the prosecutor persisted, even to the point of drawing an analogy between the presumption he was relying on and the better known presumption of innocence, concerning which the court did charge in the usual manner. If not ruled directly by Stockton v. State, 146 Tex.Crim. 164, 171 S.W.2d 877 (1943), that decision is enough to persuade me that the argument was improper. There Stockton, who had earlier been adjudged sane in the county court, advanced the defense of insanity to the criminal prosecution; when he began to present evidence in support of his plea, the district attorney made a side-bar remark in the presence and hearing of the jury in the course of purporting to object to the testimony "for the reason that this defendant has had an insanity hearing in the County Court and he has been determined to be a sane individual and we object to any further testimony in regard to any insanity on his part."

It follows that after the adjournment of the term of court at which sentence is imposed the judge is without authority to change, amend or modify it. 24 C.J.S. Criminal Law, § 1590, p. 607; 21 Am. Jur.2d Criminal Law, Section 569, p. 537. Cf. Long v. Stanley, 200 Ga. 239, 36 S.E.2d 785; Stockton v. State, 70 Ga. App. 17, 27 S.E.2d 240, and the cases therein cited, and State v. Lawrence, 264 N.C. 220, 141 S.E.2d 264. The term of court at which respondents were tried, convicted and sentenced having expired, Judge Weatherford was without authority, on March 17 and 18, 1971, to alter, amend or modify his previous sentences in any way.