BOTHWELL v. STATE

No. 46751.

500 S.W.2d 128 (1973)

John Gilbert BOTHWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 31, 1973.


Attorney(s) appearing for the Case

W. John Allison, Jr., Dallas (On appeal only), for appellant.

Henry Wade, Dist. Atty., William J. Teitelbaum, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DALLY, Commissioner.

The conviction is for murder; the punishment, life imprisonment.

Appellant's two grounds of error relate to jury argument by the prosecutor during the penalty phase of the trial. He complains first that the prosecutor committed reversible error in his argument by directly referring to a picture of the deceased so as to prejudice the defendant and to inflame the minds of the jury.

During the prosecutor's argument...

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