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ALLEN v. STATE

No. 761-82.

693 S.W.2d 380 (1984)

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

Court of Criminal Appeals of Texas, En Banc.

September 19, 1984.

Attorney(s) appearing for the Case

J. Stephen Cooper, Dallas, for appellant.

Henry Wade, Dist. Atty., Anne B. Wetherholt, Maridell Templeton, Joe Revesz and Ronny N. Poole, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

"It is basic and fundamental law in this State that the failure of an accused to testify may not be the subject of comment by the prosecution [because] such [a] comment is in violation of the privilege against self-incrimination contained in Article 1, Section 10 of the Texas Constitution, and [is] in express violation of Article 38.08, Vernon's Ann.C.C.P.... [Such a comment] also presents...

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