ANGEL v. STATE

No. 61664.

627 S.W.2d 424 (1982)

Harvey Dale ANGEL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

February 10, 1982.


Attorney(s) appearing for the Case

Dick Clark, Waco, for appellant.

Felipe Reyna, Dist. Atty. and Karen C. Matkin, Asst. Dist. Atty., Waco, Robert Huttash, State's Atty., Austin, for the State.

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


OPINION

ODOM, Judge.

This is an appeal from a conviction for indecency with a child. Punishment was assessed at ten years' confinement and a fine of $5,000.00.

Although appellant raises five grounds of error on appeal, we find it necessary to consider only the issue of whether the State improperly commented on appellant's failure to testify. The following portion of argument is challenged:

"It is not contested, basically, that on...

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