Opinion

Sikes v. State

  • 500 S.W.2d 650
  • 1973 Tex. Crim. App. LEXIS 1915
Court
Court of Criminal Appeals of Texas
Filed
Oct 17, 1973
Status
Published
Author
Roberts
On the bench
Roberts, Douglas
Cited by
26 cases
Authority
More cited than 10.5%

Where defendant failed to object to Judge's question constituting a comment on the evidence until after question was asked and answered, error was waived.

How later courts described this case

  • Where defendant failed to object to Judge's question constituting a comment on the evidence until after question was asked and answered, error was waived.
  • where defendant failed to object to judge's question constituting a comment on the evidence until after it was asked and answered, any error was waived.
  • prosecutor’s statement, “I think [the defendant] is just as guilty as he can be” was a reasonable deduction from the evidence

Written by the judges who cited it.

The opinion

ROBERTS, Judge

(concurring).

Under the particular facts and circumstances involved in this cause, I concur in the result reached. However, I would add *653 the following admonition — today’s opinion should not be taken as an erosion of the rule that prosecutors must not inject their personal opinion of the accused’s guilt or innocence, aside from a discussion of the testimony. The present case comes dangerously close to violating that rule. Baldwin v. State, 499 S.W.2d 7 (Tex.Cr.App., 1973).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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