George Robert Powell III v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00730-CR

George Robert Powell III, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT

NO. 63,436, HONORABLE JOE CARROLL, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

A jury convicted George Robert Powell III of aggravated robbery. See Tex. Penal Code Ann. § 29.03 (West 2003). On appeal, Powell argues that the trial judge impermissibly commented on the weight of the evidence by instructing the jury that two defense witnesses had violated Texas Rule of Evidence 614 ("the Witness Rule"…