McDaniel v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of intentionally inflicting physical injury on a child fourteen years of age or younger in violation of Article 1148a, Vernon’s Ann.P.C. The punishment assessed by the jury is imprisonment for five years. Since we agree that it does present reversible error, we need only consider ground of error number four which alleges that the prosecutor during his jury argument commented on the appellant’s failure to testify.

The appellant did not testify and did not offer any evidence at the guilt-innocence phase of the trial.…