Barnum V. State

Appellant Barak Lee Barnum appeals his conviction for murder and his sentence of 40 years confinement and a fine of $10,000.00. Appellant asserts that (1) the conviction was based on legally and factually insufficient evidence; (2) a written statement of decedent was admitted in violation of the hearsay rule and his constitutional rights to confront witnesses against him; (3) the trial court should have given an appropriate limiting instruction in regard to the written statement of decedent; and (4) during jury argument on punishment the State impermissibly commented on appellant's failure to testify. We reverse and remand.