Lee v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of possession of a short barreled firearm. V.T.C.A. Penal Code, Sec. 46.06. The punishment, enhanced by two prior felony convictions, is imprisonment for life.

The appellant contends that the prosecutor committed reversible error when he made a comment on the appellant’s failure to testify. Art. 38.08, V.A.C.C.P. provides that the failure of any defendant to testify shall not be taken as a circumstance against him, nor shall the same be alluded to or commented on by counsel in the cause. During the closing argument of the…