DAKIN v. STATE

No. 05-81-00479-CR.

632 S.W.2d 864 (1982)

Donald Gene DAKIN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied May 25, 1982.


Attorney(s) appearing for the Case

Edgar A. Mason, Dallas, for appellant.

Karen C. Beverly, Asst. Dist. Atty., Dallas, for appellee.

Before AKIN, ALLEN and WHITHAM, JJ.


WHITHAM, Justice.

This is an appeal from a conviction for murder. Punishment was assessed at life imprisonment. Because we agree with appellant's ground of error that prosecutorial misconduct at trial deprived appellant of a fair trial, we reverse.

Appellant was tried for the murder of three year old Davia Rockafellow, the daughter of appellant's girlfriend. At trial, the evidence showed that appellant picked the child up from the babysitter's house at 4:40...

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