Marshall v. State

OPINION

MORRISON, Judge.

The offense is murder with malice; the punishment, thirty (30) years.

Appellant’s first ground of error is stated in his brief as follows:

“The appellant was deprived of a fair trial and was denied due process of the law when the prosecutor placed before the jury evidence of the appellant’s failure to make an exculpatory statement to police prior to the trial, inviolation of Amendments V and XIV, Constitution of the United States.”

Appellant, testifying in his own behalf, was cross-examined as to what he did immediately after the shooting as follows:

“A No, I saw the police…