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STEWART v. STATE

No. 05-82-00355-CR.

666 S.W.2d 548 (1984)

Tommy L. STEWART, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Discretionary Review Refused May 9, 1984.

Attorney(s) appearing for the Case

G.A. (Lee) Hight, Dallas, for appellant.

Henry Wade, Dist. Atty., Jeffery Keck, Asst. Dist. Atty., for appellee.

Before CARVER, SPARLING and WHITHAM, JJ.

SPARLING, Justice.

Appellant was convicted of murder and sentenced to twenty-five years' imprisonment. Appellant testified at the guilt-innocence stage of his trial but did not testify at the punishment phase. Appellant complains that the court erred by refusing, on request, to instruct the jury at the punishment hearing that no adverse inferences could be drawn from his failure to testify. We agree and, accordingly, reverse...

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