Alvilla v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of El Paso. Tried below before Hon. C. N. Buckler. Appellant was indicted for burglary with intent to commit theft, and was convicted at his trial, and his punishment assessed at two years in the penitentiary. There is no statement of facts in the record. The objectionable remarks of the district attorney, set out below in the opinion of the court, are presented by a bill of exceptions, saved by the defendant at the time they were made.
1Opinion of the Court
SIMKLNS, Judge.
Appellant was convicted of burglary, and his punishment assessed at two years in the penitentiary, from which he appeals.
The sole ground upon which an appeal was taken was the conduct of the district attorney, who, in not very choice language, commented on the fact that appellant kept his seat, and offered no explanation of his possession, with the penitentiary staring him in the face. The appellant’s counsel excepted to the language of the State’s attorney, who thereupon withdrew the charge, and the court charged the jury not to consider the remarks of the State’s attorney.…
2Cited by5 opinions
- Roberson v. State, Texas Court of Appeals, 10th District (Waco)2003
- Haley v. StateCourt of Criminal Appeals of Texas · 1919
- Stafford v. StateCourt of Criminal Appeals of Texas · 1934
- Roberson v. State, Texas Court of Appeals, 10th District (Waco)2003
- in Re Steven Bernard, Texas Court of Appeals, 10th District (Waco)1999