Salas v. State

While I agree with the opinion prepared by my Brother McDonald, I wish to point out that there exists in this record another ground which calls for a reversal of this conviction. The prosecutor during his argument, without any facts in the record to support him, told the jury that the two women, the 54 year old complainant and her 15 year old daughter, were scared of appellant and that was the reason they were not present in court to testify. Appellant relies upon Benavides v. State, 111 Tex.Cr.R. 361, 12 S.W.2d 1031, which supports his contention.

I call attention to the following additional…