HUNTER v. STATE

No. 07-97-0051-CR.

956 S.W.2d 143 (1997)

Willie James HUNTER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

November 18, 1997.


Attorney(s) appearing for the Case

David T. Duncan, Jr., Law Offices of David T. Duncan, Jr., Lubbock, for appellant.

William C. Sowder, Chad Meacham, Lubbock County District Attorneys, Lubbock, for appellee.

Before BOYD, C.J., and DODSON and QUINN, JJ.


QUINN, Justice.

Appellant, Willie James Hunter, appeals his conviction for murder and in two points of error attacks the trial court's refusal to grant him a mistrial. He was purportedly entitled to same because 1) the prosecutor improperly commented upon his failure to testify and 2) the instruction given the jurors to disregard said comment was insufficient to cure the harm. We overrule both points and affirm.

Facts

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