Herrera v. State

While I concur with the disposition of appellant’s first point of error, I write further to question whether the prosecutor’s argument, that the jury could find appellant guilty if he had lost the normal use of either his mental or physical faculties, was improper and whether the trial court erred in overruling appellant’s objection to the argument. Admittedly, the general rule is that argument should not contradict the trial court’s charge. See, e.g., Grant v. State, 738 S.W.2d 309, 311 (Tex.App. — Houston [1st Dist.] 1987, pet. ref'd) (citing Burke v. State, 652 S.W.2d 788, 790…