Bird v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for capital murder in which the death penalty was imposed after the jury affirmatively answered the special issues submitted under Article 37.071, Y.A.C.C.P. See V.T. C.A., Penal Code, § 19.03.

Appellant’s previous conviction for this offense was reversed because the prosecutor in jury argument commented on appellant’s failure to testify. Bird v. State, 527 S.W.2d 891 (Tex.Cr.App.1975).

On appeal this time the appellant complains of the admission into evidence of a handcuff key, the failure of the trial court to grant his motion…