Legal Opinion

Thomas v. State

Court of Criminal Appeals of Texas

Decided June 27, 1973No. 46393Published

1Opinion of the Court

OPINION

ROBERTS, Judge.

Appellant was convicted of the offense of robbery by assault; punishment was assessed at 10 years’ confinement.

Two grounds of error are raised.

Appellant argues that reversible error was committed when, in final argument, the prosecutor stated:

“ * * * Well, now, I will tell you right now that if the State did not bring you what we were supposed to bring you, that Judge Gossett wouldn’t have let this trial get this far. There would have been entered what is known in law as instructed verdict.
“MR. BASS: I object to this. He’s inferring you’re going to help him prosecute.…

2Cases cited2 opinions

  1. Clayton v. StateCourt of Criminal Appeals of Texas · 1934
  2. Walker v. StateCourt of Criminal Appeals of Texas · 1960

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