Lucio v. State (Original)
Annotate this CaseA jury convicted defendant for murder and for engaging in organized criminal activity. In a petition for discretionary review, defendant contended that the court of appeals erred by holding that the trial court did not improperly comment on the weight of the evidence in its answer to the jury's question. The court held that, although it would usually constitute a comment on the weight of the evidence for a trial court to focus on a particular piece of evidence in its initial charge to the jury, a trial court's answer to a question a jury asked during deliberations would not necessarily constitute an improper comment on the weight of the evidence. Therefore, the court affirmed the court of appeal's judgment.
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