Denton v. State

OPINION ON REMAND

RICHARDS, Justice.

We withdraw our previous opinion and judgment of March 13, 1997 and issue the following in its place.1

Appellant Robert Earl Denton shot and killed a man he discovered in bed with his estranged wife and was convicted by a jury of the offense of murder. On original submission, we determined the trial court erred in overruling defense counsel’s objection to a remark made by the prosecutor during jury argument. After determining the error was not harmless beyond a reasonable doubt, we reversed the judgment below and remanded both stages of the case for new…