Horner v. State

OPINION

BILL J. CORNELIUS, Commissioner.

Appellant was convicted of murder with malice and assessed punishment at seventy-nine years confinement. The sufficiency of the evidence is not challenged.

The first ground of error urges that a mistrial should have been declared when the prosecuting attorney made the following comment in his jury summation at the guilt-innocence stage of the trial:

“Mr. Pool talks about, to you, everybody who testified in this case but his own client. He makes no reference to his actions out there on that night.”

Appellant’s motion for mistrial was denied.

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