Bass v. State

OPINION

ON APPELLANT’S MOTION FOR REHEARING

WOODLEY, Presiding Judge.

Appellant urges that we consider as unassigned error his complaint that certain remarks of counsel for the state were comments upon his failure to testify.

Deprivation of a constitutional right will be reviewed in the interest of justice, though unassigned. McClellan v. State, Tex.Cr.App., 413 S.W.2d 391.

The claim of error advanced for the first time by supplemental brief filed in this court related to three remarks of counsel for the state in his opening argument: (1) “I would like to point out first of all the difference…