Court of Criminal Appeals of Texas
John Gilbert Carter, Jr., Appellant v. the State of Texas, Appellee
April 1, 19811981 Tex. Crim. App. LEXIS 950
Summary
The Court of Criminal Appeals affirmed John Gilbert Carter Jr.'s conviction for driving while intoxicated, holding that the prosecutor's jury arguments concerning the victim's age, the victim's mother, and a Christmas reference did not constitute reversible error because any prejudice was cured by the trial court's instruction to disregard the statements. The Court also held that the improper hearsay question to a witness was harmless after the instruction to disregard. A dissent argued that the arguments were improper, prejudicial, and required reversal and remand.