Cunningham v. State (1993)

In Cunningham v. State, 848 S.W.2d 898 (Tex. App.-Corpus Christi 1993, pet. ref'd), the prosecutor misstated its burden of proof during jury argument. See Cunningham, 848 S.W.2d at 904. The defendant objected, and the trial court sustained the defendant's objection. Id. At the conclusion of the prosecutor's argument, a bench conference was held, during which the defendant requested that the court instruct the jury to disregard the prosecutor's objectionable statement. Id. at 904-05. The trial court declined to so instruct the jury. Id. at 905. The court of appeals held that although the defendant timely objected, his request for an instruction to disregard was not timely. Id.