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788 S.W.2d 887

Thomas v. State

Court of Appeals of Texas

Decided April 5, 1990

Court of Appeals of Texas · decided 1990-04-05

Cited by 1 later decisions — most recently June 1992

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1990-04-05

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J. CURTISS BROWN, Chief Justice,

¶1concurring.

¶2I agree with much of the court’s opinion. However, I think that appellant’s counsel was entitled to attack the credibility of the “in court” identification by complainant. She denied the presence of appellant in the courtroom until a recess afforded the prosecutor a chance to “explain” the sworn answer previously made. I would hold that an advocate has a right to comment on these circumstances and it was error for the trial to sustain an objection to the argument. However, I agree with the court that in the context of this case the error was harmless.

¶3I, therefore, concur in the results only.

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