Burney v. State

I respectfully dissent for the following reasons.

Where not invited, the prosecutor has no business emphasizing to the jury that his argument is not to be taken by them (the jury) as a comment on the defendant’s failure to testify. This is just a roundabout way of making such a comment. In the case at bar, as set forth in the majority opinion, the prosecutor three times made such an argument to the jury. To this writer, this clearly violates the spirit of TEX. CONST. art. I, sec. 10; TEXCODE CRIM.PROC.ANN. art. 38.08 (Vernon *9151979); Myers v. State, 573 S.W.2d 19 (Tex.Crim.App.1978), and the…