[Download] "Carlos E. Borjan V. State Texas (03/21/90)" by En Banc Court of Criminal Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Carlos E. Borjan V. State Texas (03/21/90)
- Author : En Banc Court of Criminal Appeals of Texas
- Release Date : January 21, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The appellant was found guilty of the offense of aggravated rape of a child and assessed a punishment of twenty-five years confinement in the Texas Department of Corrections. See 22.021, Tex. Penal Code. A majority of a panel of the Fourth Court of Appeals reversed the appellants conviction on the basis of an improper jury argument during the punishment phase. Borjan v. State, 715 S.W.2d 94 (Tex.App. - San Antonio 1986, pet. granted). The States argument was held to be "outside the record, called upon the jury to speculate about matters not in evidence, was calculated to arouse the passion or prejudice of the jury, and was extremely harmful and prejudicial." Id., at 98. By way of three points of error, the State challenges the holding of the court of appeals.