“I’m telling you that they are telling the truth” held to be improper argument, requiring reversal
How later courts described this case
- “I’m telling you that they are telling the truth” held to be improper argument, requiring reversal
Written by the judges who cited it.
The opinion
WOODLEY, Judge,
(dissenting).
I find no error in the remarks of counsel for the state which are made the basis for the reversal of this conviction.
It is unthinkable that any attorney would ask a jury to convict upon the testimony of an officer or other witness unless he believed such witness’ testimony was true. In fact, if the testimony was false and the prosecuting attorney had knowledge of such facts, the conviction would be totally void. Alcorta v. Texas, 355 U.S. 28 , 2 L.Ed. 2d 9 .
There is nothing in the argument to suggest that counsel was testifying to the credibility of the police officers or that the remarks were otherwise improper.
I quote from my dissent in Hickerson v. State, 162 Texas Cr. Rep. 446 , 286 S.W. 2d 437 , 439: “Surely my brethren do not intend to hold that a prosecuting attorney is precluded from getting before the jury his belief that the witnesses for the State have testified truthfully and the defense testimony to the contrary is not true!”
I respectfully dissent.