McBride v. State

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, thirty (30) years.

Appellant plead guilty and asked the jury to grant him probation. The sole ground of error is that the trial court commented on the weight of the evidence during the cross-examination of appellant. Appellant was being questioned about having been convicted in a prior case in Wichita Falls wherein he was given probation. He first denied that he had been so convicted and then became equivocal in his answers.1 The court then admonished him that the question called for a yes or no answer and when the…