In Doby v. State, 455 S.W.2d 278 (Tex. Crim. App. 1970) the Court of Criminal Appeals addressed defense counsel's apparent attempt to garner sympathy for the defendant by mentioning to the jury that he was appointed, rather than retained, counsel. The trial court had instructed defense counsel and the defendant not to mention that defense counsel was appointed. Id. at 281. Defense counsel objected, arguing that the jury should know that the defendant is a pauper. Id. In holding that the trial court did not err in its instruction, the Doby Court noted that the "fact that an accused has appointed (or retained) counsel should make no difference in the trial of a criminal case and should not be given any weight by a jury." Id.