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STEARN v. STATE

No. 45400.

487 S.W.2d 734 (1972)

Roy STEARN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 13, 1972.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas (appointed on appeal), for appellant.

Henry Wade, Dist. Atty., Catherine T. Hill, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of burglary; punishment was assessed by the jury at twelve years.

Appellant complains of improper jury argument.

The record shows that during the state's opening jury argument, at the guilt-innocence stage of the trial, the following occurred:

"(The Prosecuting Attorney) We couldn't bring you all of the circumstances surrounding the arrest. "MR. FIERRA...

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