Hicks v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for statutory rape, where the punishment was assessed at life imprisonment by the court following a jury’s verdict of guilty.

At the outset we are confronted with the complaint that the assistant district attorney improperly alluded to the failure of the *178appellant to testify. See Article 38.08, Vernon’s Ann.C.C.P.1

During the argument of the prosecutor at the guilt stage of the trial, he stated, “I’ll tell you what. You know that defendant sits over there, and he’s had the benefit of this court appointed lawyer, and he has had…