ALLEN v. STATE

No. 05-81-00428 CR.

638 S.W.2d 225 (1982)

Johnny Wayne ALLEN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Discretionary Review Granted October 27, 1982.


Attorney(s) appearing for the Case

J. Stephen Cooper, Dallas, for appellant.

Henry Wade, Dist. Atty., R. Kristin Weaver, Asst. Dist. Atty., for appellee.

Before the court en banc.


SPARLING, Justice.

Appellant was convicted by a jury of burglary of a habitation and was assessed punishment of fifteen years imprisonment. In his sole ground of error appellant complains that, in final argument, the State impermissibly commented upon his failure to testify. We hold that the comment was an invited argument and a fair comment on the evidence. Accordingly, we affirm.

The following argument by the prosecutor is the source of appellant's complaint...

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