Fowler v. State

The majority reverses these two convictions because of what it holds to be improper argument by taking a statement out of context and not considering the evidence or the statements of the defense counsel preceding the argument of the prosecutor.

In passing upon cases, we should look to the whole record to see if there is reversible error and not to statements taken out of context. The facts adduced and the issues involved are potent factors in determining the soundness of the complaint. Durst v. State, 159 Tex.Cr.R. 466, 265 S.W. 2d 118. See Vineyard v. State, 96 Tex.Cr.R. 401, 257 S.W. 548.…