Stahl v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

CAMPBELL, Judge.

Our prior opinion in this case is withdrawn. Appellant was convicted, after a jury trial, of murder. V.T.C.A. Penal Code, § 19.02. Punishment was assessed by the jury at 7 years. The First Court of Appeals reversed the conviction, finding that the prosecutor conducted himself improperly by repeatedly alluding in final argument to an episode in which the deceased’s moth er burst into tears and yelled at appellant. Stahl v. State, 712 S.W.2d 783 (Tex.App.— Houston [1st Dist.] 1986). In addition to the improper argument, the Court of…