MILTON v. STATE

No. 64268.

620 S.W.2d 115 (1980)

Charles MILTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

December 10, 1980.


Attorney(s) appearing for the Case

Frank W. Sullivan, III, Fort Worth, for appellant.

Tim Curry, Dist. Atty., William D. Kane, Jr., David B. Lobingier, Dale S. Hanna and C. Chris Marshall, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

ON APPELLANT'S MOTION FOR REHEARING

ROBERTS, Judge.

We granted the appellant's motion for leave to file motion for rehearing to consider a ground of error which was not discussed in the opinion delivered on original submission. By his second ground of error the appellant complains that the State improperly commented on his failure to testify. During final argument to the jury at the guilt or innocence state of the trial the prosecutor stated...

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