Swallow v. State

BENAVIDES, J.,

dissents with note: Believing that the disposition of Part I of the majority opinion should be controlled by our opinion in Jones v. State, 693 S.W.2d 406 (Tex.Cr.App.1989), I dissent. The statement was not naturally and necessarily a comment on the failure of appellant to testify in Jones and should not be construed as such a comment in the instant case.