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eBook details

• Title: State Tennessee v. Robert D. Francis
• Author : Court of Criminal Appeals of Texas
• Release Date : January 02, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

In this appeal from a conviction of sexual battery, defendant contends, inter alia, that the States use of the missing witness inference during closing argument was prejudicial error. We granted defendants Rule 11 application for permission to appeal in order to determine whether the States comment on the failure of the defendant to call his six-year-old daughter as a witness was a proper subject matter of argument. We hold that the trial court erred in allowing the State to make this argument before the jury. We reverse the conviction and remand the case for a new trial.

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