MARSHALL v. STATE

No. 43972.

471 S.W.2d 67 (1971)

Robert Lee MARSHALL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 20, 1971.


Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas, court appointed on appeal, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is murder with malice; the punishment, thirty (30) years.

Appellant's first ground of error is stated in his brief as follows:

"The appellant was deprived of a fair trial and was denied due process of the law when the prosecutor placed before the jury evidence of the appellant's failure to make an exculpatory statement to police prior to the trial, inviolation of Amendments V and XIV, Constitution of...

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