Hernandez v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of murder; punishment was assessed by the court, after the jury’s verdict of guilty, at twelve years’ confinement in the Texas Department of Corrections.

Initially, appellant alleges a violation of Article 38.05, Vernon’s Ann.C.C.P., which states:

“In ruling upon the admissibility of evidence, the judge shall not discuss or comment upon the weight of the same or its bearing in the case, but shall simply decide whether or not it is admissible; nor shall he, at any stage of the proceeding previous to the return of the verdict,…