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MORGAN v. STATE

No. 45675.

490 S.W.2d 581 (1973)

Sylvester MORGAN and Rubin Lee Morgan, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 14, 1973.

Attorney(s) appearing for the Case

Shelly P. Hancock and J. Michael Askins, Houston, for appellant.

Carol Vance, Dist. Atty., James C. Brough and Henry Oncken, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery; the punishment to each appellant, fifteen (15) years.

The first ground of error for each appellant is that the court infringed upon his right to a public trial when the following occurred during the examination of a witness:

"THE COURT: I am getting a little help from somebody in the audience. The man in the red shirt is doing a lot of bowing and scraping and he seems to agree with you [Defense...

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