Lott v. State

MORRISON, Judge

(dissenting).

My brethren overrule the State’s motion for rehearing without written opinion. To this action I dissent.

Upon reflection, I find myself in agreement with my brother Douglas that Sennette v. State, Tex.Cr.App., 481 S.W.2d 827, is most nearly in point. While I cannot condone the conduct of either party in going outside the record, I have concluded that the prosecutor’s argument, upon which reversal was predicated, was invited. Sen-nette v. State, supra. I cannot conclude that the mere addition of the words “Ferguson Unit” by the prosecutor represents sufficient cause to distinguish the case from Sennette, supra.