# Lopez v. State

> Court of Criminal Appeals of Texas · June 25, 1960 · 170 Tex. Crim. 208

URL: https://www.frixlaw.com/law-library/cases/9771455

## Case

- **Full name:** Ernesto Martinez Lopez v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 25, 1960
- **Citations:** 170 Tex. Crim. 208; 339 S.W.2d 906; 1960 Tex. Crim. App. LEXIS 2147
- **Precedential status:** Published
- **Opinion:** On rehearing by Belcher
- **Judges:** Belcher, Davidson
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9771455

## How later opinions describe it (automated extraction)

- holding that prosecutor’s comment that “this defendant has not told you all that happened on top of that hill” was a reference to the contents of defendant’s written statement, which was evidence that had been admitted, and, thus, was not a comment on his failure to testify
- concluding that prosecutor’s jury argument—“[n]ow this defendant has not told you all that happened on top of that hill, we know that”—referred to defendant’s statement in evidence and was not comment on his failure to testify
- holding that reference to defendant “not telling everything” where prosecutor was discussing defendant’s written statement was not comment on failure to testify but reference to written statement
- holding the State’s reference to the defendant’s “not telling everything” was a reference to the defendant’s written statement and not a comment on the defendant’s failing to testify

## Opinion text

On Motion for Rehearing
BELCHER, Judge.
We have carefully considered appellant’s connections in the light of the record and remain convinced that the cause was properly decided on original submission.
The motion for rehearing is overruled.
Opinion approved by the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9771455. Public record. Not legal advice.