McMorris v. State

OPINION

DALLY, Commissioner.

The conviction is for resisting arrest by exhibiting a firearm; the jury assessed punishment at imprisonment for four years. The appellant argues that Article 341(b), V.A.P.C., under which this prosecution was had is unconstitutional, that the evidence is insufficient to support the conviction, and that the prosecutor’s jury argument was so harmful and prejudicial that it requires reversal of the judgment.

Article 341(b), V.A.P.C., which became effective September 1, 1969, and was repealed effective January 1, 1974, in pertinent part, reads as follows:

“A person who…