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MORGAN v. STATE

No. 1022-91.

817 S.W.2d 706 (1991)

Billy Wayne MORGAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 30, 1991.

Attorney(s) appearing for the Case

Walter M. Reaves, Jr., West, for appellant.

Paul E. Gartner, Jr., Dist. Atty., Tanya S. Dohoney and Gina Parker, Asst. Dist. Attys., Linda M. Gassaway, Waco, Robert Huttash, State's Atty., Austin, for the State.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted by a jury of murder and sentenced to life imprisonment. On appeal he contended that the trial court erred in allowing the prosecutor to make comments on his failure to testify. The Court of Appeals agreed that there was error but held such to be harmless under Tex.R.App.Pro. 81(b)(2). Morgan v. State, 816 S.W.2d 98 (Tex...

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