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BIRD v. STATE

No. 61832.

692 S.W.2d 65 (1985)

Jerry Joe BIRD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied July 10, 1985.

Attorney(s) appearing for the Case

Douglas Tinker, Corpus Christi, for appellant.

Selden N. Snedeker, Dist. Atty. and James R. Mardis, Asst. Dist. Atty., Brownsville, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for capital murder in which the death penalty was imposed after the jury affirmatively answered the special issues submitted under Article 37.071, V.A.C.C.P. See V.T. C.A., Penal Code, § 19.03.

Appellant's previous conviction for this offense was reversed because the prosecutor in jury argument commented on appellant's failure to testify. Bird v. State,

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