U. S. v. GARZA

No. 78-5648.

608 F.2d 659 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. David GARZA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 21, 1979.


Attorney(s) appearing for the Case

Oscar J. Pena, Laredo, Tex., for defendant-appellant.

James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before GOLDBERG, FAY and RUBIN, Circuit Judges.


GOLDBERG, Circuit Judge:

This case presents nothing new — no new issue of law or unique factual configuration. It presents rather a situation far too common and too often condemned by this court to be in any manner excusable. We must deal again with grossly improper prosecutorial comment during closing argument which substantially prejudiced defendant's right to a fair trial on the evidence presented in his case.<...

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