James Earl Tenner v. State Texas

James Earl Tenner appeals his conviction by a jury of the of offense of murder. See TEX. PENAL CODE ANN. sec. 19.01 (Vernon 1974). The Jury answered true to three enhancement paragraphs and assessed Tenners punishment at ninety-nine years in the Texas Department of Corrections. In five points of error, Tenner asserts the trial court erred in failing to submit to the jury the lesser-included offenses of negligent homicide and involuntary manslaughter, and in overruling his objection to arguments by the prosecutor which he characterizes as comments on Tenners failure to testify, in violation of his rights under the Fifth Amendment to the United States Constitution, article I, section 10 of the Texas Constitution, and article 38.08 of the Texas Code of Criminal Procedure.