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).