Hicks v. State

*182MORRISON, Judge

(dissenting).

I agree that the assertion that the prosecutor was standing behind the appellant and looking down at him is not supported by the record before us.

I would further point out that in our opinion in Salazar v. State, supra, on rehearing, we acknowledged that the exhibition of the scars had been made. This was based upon a statement in the record by the court that “the wounds had been shown to the jury.”

I cannot agree with my Brother Onion that he has sufficiently distinguished Barrientez v. State, supra. I would hold that it is authoritative in the case at bar and, for that reason, I dissent to the reversal of this conviction.