FRANKS v. STATE

No. 55488.

574 S.W.2d 124 (1978)

Arthur Charles FRANKS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

December 13, 1978.


Attorney(s) appearing for the Case

Thomas P. Roebuck, Jr., Port Arthur, for appellant.

Tom Hanna, Dist. Atty., and T. Michael Sutton, Asst. Dist. Atty., Beaumont, for the State.

Before ROBERTS, ODOM and TOM G. DAVIS, JJ.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction for aggravated robbery. Upon his plea of not guilty, appellant was convicted by a jury which assessed punishment, enhanced by a prior felony conviction, at forty years' imprisonment.

By his first ground of error, appellant contends that the State improperly commented on his failure to testify in violation of his state and federal constitutional rights. Tex.Const. Art. I, Sec. 10; U.S. Const...

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