DELGADILLO v. STATE

No. 48250.

508 S.W.2d 383 (1974)

John Frank DELGADILLO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 24, 1974.


Attorney(s) appearing for the Case

Fredrick J. Griffin, Amarillo, for appellant.

Tom Curtis, Dist. Atty., and Rusty Busby, Asst. Dist. Atty., Amarillo, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

Appellant was convicted of the felony offense of driving upon a public street while intoxicated. Punishment was assessed at two years' confinement.

Only one ground of error is urged on appeal and it relates to the prosecutor's action in placing upon his table an ice-pick in view of the jury during the trial when such instrument was never introduced into evidence.

During a recess outside the presence of the jury, defense...

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