PROSPER v. STATE

No. B14-89-00527-CR.

788 S.W.2d 625 (1990)

Robert Earl PROSPER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Discretionary Review Refused June 27, 1990.


Attorney(s) appearing for the Case

James B. Hicks, Waller, for appellant.

David S. Barron, Anderson, for appellee.

Before ROBERTSON, DRAUGHN and JACKSON B. SMITH (Retired, Sitting by Designation), JJ.


OPINION

ROBERTSON, Justice.

At trial, the jury found appellant guilty of murder and assessed punishment at confinement for 99 years. On appeal, appellant contends the trial court erred: (1) in failing to dismiss the jury because the prosecutor peremptorily struck all black prospective jurors; (2) in admitting a tape recording made by the deceased's daughter at the time of the murder; and (3) in refusing to declare a mistrial following certain comments made...

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