Perez v. State

OPINION

MORRISON, Judge.

The offense is murder. The punishment 50 years.

Appellant’s first ground of error is that the prosecutor injected an issue of race when he inquired as to the race of the 25 inmates in the cell where the murder occurred. Reliance is had solely upon this writer’s opinion in Allison v. State, Tex. Cr.App., 248 S.W.2d 1147. The italicized sentence is the key to that opinion and has no application to the case at bar. In the instant case it was necessary for the State to show who the prisoners were who committed and who witnessed this cellblock murder.

The second ground of…