Court of Criminal Appeals of Texas

Terry Eugene Garrett, Appellant v. the State of Texas, Appellee

May 12, 19821982 Tex. Crim. App. LEXIS 918

Summary

The Court affirmed the conviction, holding that the prosecutor's indirect comment on the appellant's failure to testify violated the statutory prohibition but was harmless beyond a reasonable doubt, so the judgment stands. Justice Odom, in a brief concurrence, agreed with the result but noted the error was obviously harmless.