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FLORES v. STATE

No. 42649.

452 S.W.2d 918 (1970)

Abelardo FLORES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 6, 1970.

Attorney(s) appearing for the Case

Cutler & Epps by Raymond Epps, Houston, on appeal only, for appellant.

Carol S. Vance, Dist. Atty., and James C. Brough and Robert Scott, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is possession of heroin; the punishment, 15 years.

Appellant's retained counsel on appeal earnestly urges this Court to consider as fundamental error the following argument of the prosecutor, which he contends constituted a comment upon the appellant's failure to testify:

"* * * They brought you Ramon's testimony. They could bring you doctors; they could bring you the mother of Ramon who possibly saw...

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