Court of Criminal Appeals of Texas

Gilbert Albiar, Appellant v. the State of Texas, Appellee

November 4, 1987739 S.W.2d 360

Summary

The Texas Court of Criminal Appeals affirmed Gilbert Albiar's aggravated robbery conviction, holding that the prosecutor's closing‑argument comments on the defendant's failure to call a competent, material witness were permissible because the defense had opened the issue. The court reversed the lower appellate court's reversal and reinstated the conviction.