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HERNANDEZ v. STATE

No. 47879.

507 S.W.2d 209 (1974)

Johnny E. HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 27, 1974.

Attorney(s) appearing for the Case

A. L. Hernden, San Antonio, for appellant.

Ted Butler, Dist. Atty., John L. Quinlan, III, Stephen P. Takas, Stephen P. Allison, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of murder; punishment was assessed by the court, after the jury's verdict of guilty, at twelve years' confinement in the Texas Department of Corrections.

Initially, appellant alleges a violation of Article 38.05, Vernon's Ann.C.C.P., which states:

"In ruling upon the admissibility of evidence, the judge shall not discuss or comment upon the weight of the same or its bearing...

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