Legal Opinion · Dissent

Cannon v. State

Court of Criminal Appeals of Texas

Decided April 11, 1984No. 68328Published

1DissentClinton, Judge

This is an appeal from a conviction for aggravated robbery in which the punishment assessed was ten years confinement.

In his second ground of error, appellant contends the prosecutor committed reversible error by arguing to the jury a fact not in evidence which was inflammatory and prejudicial. I agree and would reluctantly reverse.

The State’s case against appellant consisted of nothing more than the eyewitness identification of him by the robbery victim. Since appellant had worked for Mr. Cooley approximately one year prior to the robbery, Cooley’s identification of him was perhaps more…

2Cases cited30 opinions

  1. Donnelly v. DeChristoforoSupreme Court of the United States · 1974
  2. Alejandro v. StateCourt of Criminal Appeals of Texas · 1973
  3. Todd v. StateCourt of Criminal Appeals of Texas · 1980
  4. Boyde v. StateCourt of Criminal Appeals of Texas · 1974
  5. Arthur Houston v. W. J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1978

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