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COOK v. STATE

No. 722-82.

702 S.W.2d 597 (1984)

Aubrey COOK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied November 20, 1985.

Attorney(s) appearing for the Case

Ken McLean, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and James C. Brough, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty., and Cathleen R. Riedel, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

We granted appellant's petition for discretionary review to consider whether the prosecutor commented on the appellant's failure to testify during his argument at the guilt-innocence phase of the trial. The record shows that the prosecutor made the following argument:

"MR. McSPADDEN: During voir dire I told you at that time that I would find out what the defense is the same...

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