Hunter v. State

QUINN, Justice.

Appellant, Willie James Hunter, appeals his conviction for murder and in two points of error attacks the trial court’s refusal to grant him a mistrial. He was purportedly entitled to same because 1) the prosecutor improperly commented upon his failure to testify and 2) the instruction given the jurors to disregard said comment was insufficient to cure the harm. We overrule both points and affirm.

Facts

At the conclusion of the - guilt/innocence phase of the trial, the topic of appellant’s intent to commit murder arose. His counsel argued, during summation, that the prosecution…