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HICKS v. STATE

No. 49508.

525 S.W.2d 177 (1975)

George Washington HICKS, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 16, 1975.

Attorney(s) appearing for the Case

Charles L. Cantrell, Waco, for appellant.

Martin D. Eichelberger, Dist. Atty., Felipe Reyna and Ward Casey, Asst. Dist. Attys., Waco, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for statutory rape, where the punishment was assessed at life imprisonment by the court following a jury's verdict of guilty.

At the outset we are confronted with the complaint that the assistant district attorney improperly alluded to the failure of the appellant to testify. See Article 38.08, Vernon's Ann.C.C.P.1

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