Myers v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for possession of more than four ounces of marihuana. Art. 4476-15, Sec. 4.05(a) & (b)(1), V.A.C.S. The jury assessed punishment at ten years and a $5,000 fine.

The appellant and his wife were tried together in a joint trial. As hereinafter noted, a mistrial was declared as to appellant’s wife.

Since we find that the prosecutor’s commenting on appellant’s failure to testify requires reversal of this cause, it is not necessary to set out the facts or reach appellant’s other grounds of error.

The argument complained of occurred during…