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SMITH v. STATE

No. 47344.

506 S.W.2d 602 (1974)

Ernest E. SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 6, 1974.

Attorney(s) appearing for the Case

Thomas N. Thurlow and Jonathan D. Brook, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Victor Pecorino, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

The conviction is for murder without malice; the punishment, five years' imprisonment.

The judgment is reversed and the cause remanded because of improper jury argument by the prosecutor, objection to which was overruled by the trial court.

Appellant's counsel made the general statement to the jury that they "heard his boy testify that he (appellant) has lived a clean life for twenty-two years."

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