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WALDO v. STATE

No. 04-84-00120-CR.

705 S.W.2d 381 (1986)

Wayne Dotson WALDO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

February 28, 1986.

Attorney(s) appearing for the Case

Mark Stevens, San Antonio, for appellant.

Sam Millsap, Jr., Margaret Embry, Criminal Dist. Attys., San Antonio, for appellee.

Before CADENA, C.J., and ESQUIVEL and DIAL, JJ.

OPINION

DIAL, Justice.

This is an appeal from a conviction for the offense of murder. Defendant was found guilty by a jury which assessed his punishment at 99 years' confinement.

Defendant first complains of the State's use of his post-arrest, post-Miranda silence for impeachment. Following a motion to suppress hearing out of the presence of the jury the trial court cautioned the State's witnesses not to refer to the defendant's post-arrest silence...

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