Legal Opinion · Dissent

Lenzi v. State

Court of Criminal Appeals of Texas

Decided May 20, 1970No. 42805Published

1DissentOnion, Judge

During the jury argument at the guilt stage of the proceedings the Assistant District Attorney Hill argued:

“Here are two guys, two defendants —a Private and a PFC — stationed out at Fort Sam in the army, who will stay State-side enjoying the luxuries of American democracy, decide to go around and rob and hold up hotels while their comrades are overseas in Vietnam dying by the thousands.”

Thereupon an objection was interposed and a conference at the bench ensued. Thereafter the “motion” of appellant was overruled and the court instructed the jury to disregard the prosecutor’s use of the plural…

2Cases cited5 opinions

  1. May v. StateCourt of Criminal Appeals of Texas · 1948
  2. Kelley v. StateCourt of Criminal Appeals of Texas · 1916
  3. Sanders v. StateCourt of Criminal Appeals of Texas · 1970
  4. Simone v. StateCourt of Criminal Appeals of Texas · 1952
  5. Vannoy v. StateCourt of Criminal Appeals of Texas · 1941

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