Logan v. State, 698 S.W.2d 680 (Tex. Crim. App. 1985). · Go Syfert
Logan v. State, 698 S.W.2d 680 (Tex. Crim. App. 1985). Cases Citing This Book View Copy Cite
“ot every improper argument by a prosecuting attorney will cause a conviction to be reversed.”
111 citation events (69 in the last 25 years) across 2 distinct courts.
Strongest positive: David Alberto Dozal v. State (texapp, 2015-01-12)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 48 distinct citers.
discussed Cited as authority (quoted) David Alberto Dozal v. State
Tex. App. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence low
ot every improper argument by a prosecuting attorney will cause a conviction to be reversed.
discussed Cited as authority (rule) Daniel Moreno v. State
Tex. App. · 2019 · confidence medium
As to the second factor, generally a trial court’s prompt instruction to disregard will cure any error associated with improper closing argument, “unless it appears the argument was so clearly calculated to inflame the minds of the jury or is of such a damning character as to suggest it would be impossible to remove the harmful impression from the juror’s minds.” Crayton v. State, 463 S.W.3d 531, 535 (Tex. App.—Houston [14th Dist.] 2015, no pet.) (citing Logan v. State, 698 S.W.2d 680, 683-84 (Tex. Crim.
examined Cited as authority (rule) Rex Allen Nisbett v. State (3×)
Tex. App. · 2015 · confidence medium
App.), cert. denied, 487 U.S. 1241 (1988) ---------------------------------------------------------------------------------- 53 Jackson v. Virginia, 443 U.S. 307, 319-320 (1979) ------------------------------------ 36 Laca v. State, 893 S.W.2d 171, 184 (Tex.App.--El Paso 1995, pet ref'd)----------- 54 Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App. 1985) --------------------- 54, 55 Long v. State, 823 S.W.2d 259, 268-70 (Tex. Crim.
examined Cited as authority (rule) Mayreis, Shawn (3×) also: Cited "see"
Tex. App. · 2015 · confidence medium
INDEX OF AUTHORITIES CASES PAGE Casey v. State, 215 S.W.3d 870, 879 (Tex.Crim.App.2007) 4 Davis v. State, 313 S.W.3d 317, 331 (Tex.Crim.App.2010).. ...4, 6 Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim,App. 1985) 12, 13 Doyle v. Ohio, 426 U.S. 610, 617-20 (1976) 9 Dudley v. State, 548 S.W.2d 706, 707-08 (Tex.Crim.App. 1977) 9 Erazo v. State, 144 S.W.3d 487, 489 (Tex.Crim.App.2004) ...4, 6 Fletcher v. Weir, 455 U.S. 603, 606-07 (1982). .9 Gigliobianco v. State, 210 S.W.3d 637, 641 (Tex.Crim.App.2006) 3, 4, 5, 6 Hernandez v. State, 805 S.W.2d 409, 413-14 (Tex.Crim.App. 1990) 9 Logan v. State, …
cited Cited as authority (rule) Andre Demont Thompson v. State
Tex. App. · 2015 · confidence medium
Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985).
discussed Cited as authority (rule) In Re Ooa
Tex. App. · 2011 · confidence medium
He then tapped L.J. on the shoulder and told her, "I hope you feel better," and then he ran to make it to class on time. [3] This videotape is not part of the appellate record and was not an exhibit at trial. [4] Rule 401 defines "[r]elevant evidence" as that "having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." [5] The trial court did not allow appellant's counsel to ask L.J. about her sexual orientation, but we note that L.J.'s testimony that she spent "all" or ev…
discussed Cited as authority (rule) In re O.O.A.
Tex. App. · 2011 · confidence medium
Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985); Daywood v. State, 157 Tex.Crim. 266, 273 , 248 S.W.2d 479, 483-84 (1952); Denmark v. State, 95 Tex.Crim. 413 , 254 S.W. 954 (1923); Sexton v. State, 48 Tex.Crim. 497 , 88 S.W. 348, 349 (1905); Thompson v. State, 35 Tex.Crim. 511 , 34 S.W. 629, 631 (1896); Crist v. State, 21 Tex.App. 361 , 17 S.W. 260, 261 (1886). .
discussed Cited as authority (rule) in the Matter of O.O.A.
Tex. App. · 2011 · confidence medium
He then tapped L.J. on the shoulder and told her, “I hope you feel better,” and then he ran to make it to class on time. [3] This videotape is not part of the appellate record and was not an exhibit at trial. [4] Rule 401 defines “[r]elevant evidence” as that “having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” [5] The trial court did not allow appellant’s counsel to ask L.J. about her sexual orientation, but we note that L.J.’s testimony that she s…
discussed Cited as authority (rule) Vance Edward Johnson v. State
Tex. App. · 2009 · confidence medium
App. 1991) (holding that instruction to disregard cured prejudice created by prosecutor's argument that compared defendant to Adolf Hitler); Logan v. State , 698 S.W.2d 680, 683-84 (Tex. Crim.
cited Cited as authority (rule) Christopher W. Cooley v. State
Tex. App. · 2009 · confidence medium
App. 1991); Logan v. State , 698 S.W.2d 680, 682 (Tex. Crim.
discussed Cited as authority (rule) Francis Brown, Jr. v. State (2×) also: Cited "see"
Tex. App. · 2003 · confidence medium
Logan v. State , 698 S.W.2d 680, 681 (Tex. Crim.
cited Cited as authority (rule) Gonzalez v. State
Tex. App. · 2003 · confidence medium
Melton v. State, 713 S.W.2d 107, 114 (Tex.Crim.App.1986); Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985).
cited Cited as authority (rule) Raymond Gonzalez v. State
Tex. App. · 2003 · confidence medium
App. 1986); Logan v. State , 698 S.W.2d 680, 682 (Tex. Crim.
cited Cited as authority (rule) Dianna Heath Williams v. State
Tex. App. · 2003 · confidence medium
App. 1986); Logan v. State , 698 S.W.2d 680, 682 (Tex. Crim.
cited Cited as authority (rule) Thompson, Gregory v. State
Tex. App. · 2002 · confidence medium
App. 1991); Logan v. State , 698 S.W.2d 680, 682 (Tex. Crim.
cited Cited as authority (rule) Thompson, Gregory v. State
Tex. App. · 2002 · confidence medium
App. 1991) (holding instruction to disregard cured prejudice from prosecutor using an Adolf Hitler analogy to show the accused was evil); Logan v. State , 698 S.W.2d 680, 683-84 (Tex. Crim.
cited Cited as authority (rule) Thompson, Gregory v. State
Tex. App. · 2002 · confidence medium
Long , 823 S.W.2d at 267 ; Logan v. State , 698 S.W.2d 680, 682 (Tex. Crim.
examined Cited as authority (rule) Thompson v. State (8×)
Tex. App. · 2002 · confidence medium
Long, 823 S.W.2d at 267 ; Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985).
cited Cited as authority (rule) Juan Hernandez, Jr. v. State
Tex. App. · 2001 · confidence medium
Logan v. State , 698 S.W.2d 680, 682 (Tex. Crim.
discussed Cited as authority (rule) Raymundo Perales Vasquez v. State
Tex. App. · 2001 · confidence medium
Logan v. State, 698 S.W.2d 680, 682 (Tex. Crim.
discussed Cited as authority (rule) Raymundo Perales Vasquez v. State
Tex. App. · 2001 · confidence medium
Logan v. State , 698 S.W.2d 680, 682 (Tex. Crim.
cited Cited as authority (rule) Hernandez, Reyes Anival v. State
Tex. App. · 2000 · confidence medium
App. 1986); Logan v. State , 698 S.W.2d 680, 682 (Tex. Crim.
discussed Cited as authority (rule) Calderon v. State (2×)
Tex. App. · 1997 · confidence medium
Hernandez v. State, 819 S.W.2d 806, 820 (Tex.Crim.App.1991), cert. denied, 504 U.S. 974 , 112 S.Ct. 2944 , 119 L.Ed.2d 568 (1992); McGee v. State, 774 S.W.2d 229, 238 (Tex.Crim.App.1989); Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985); see also Laca v. State, 893 S.W.2d 171, 184 (Tex.App.—El Paso 1995, pet ref'd); Norton v. State, 851 S.W.2d 341, 345 (Tex.App.—Dallas 1993, pet. ref'd).
cited Cited as authority (rule) Charles Gainey v. State
Tex. App. · 1996 · confidence medium
App. 1991) (citing Logan v. State, 698 S.W.2d 680, 682 (Tex. Crim.
discussed Cited as authority (rule) Vaughn v. State (2×)
Tex. App. · 1994 · confidence medium
Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985) (jury argument that defendant and witness were two women “sleeping together” for five years); Daywood v. State, 157 Tex.Crim. 266, 273 , 248 S.W.2d 479, 483-84 (1952) (defense witness kept company with the mar ried defendant); Denmark v. State, 95 Tex.Crim. 413 , 254 S.W. 954 (1923) (defense witness and defendant lived together without being married); Sexton v. State, 48 Tex.Crim. 497 , 88 S.W. 348, 349 (1905) (defense witness and defendant lived together in adultery for five or six years); Thompson v. State, 35 Tex.Crim. 511 , 34 S.W…
cited Cited as authority (rule) Juhasz v. State
Tex. App. · 1992 · confidence medium
Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985); Mora, 797 S.W.2d at 215 .
discussed Cited as authority (rule) Mora v. State (2×)
Tex. App. · 1990 · confidence medium
Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985).
cited Cited as authority (rule) Garza v. State
Tex. App. · 1990 · confidence medium
Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985).
cited Cited as authority (rule) Gonzales v. State
Tex. App. · 1989 · confidence medium
Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985).
cited Cited as authority (rule) Stone v. State
Tex. App. · 1988 · confidence medium
Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985).
cited Cited as authority (rule) Ali v. State
Tex. App. · 1987 · confidence medium
Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985).
discussed Cited as authority (rule) Douthit v. State
Tex. App. · 1987 · confidence medium
“Whether an argument is harmful enough to warrant reversal is ultimately determined on the basis of the argument’s probable effect on the minds of the jurors.” Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985).
cited Cited as authority (rule) Servin v. State
Tex. App. · 1987 · confidence medium
McKay v. State, 707 S.W.2d 23, 37 (Tex.Crim.App.1986), cert. denied, — U.S. —, 107 S.Ct. 239 , 93 L.Ed.2d 164 (1986); Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985).
cited Cited as authority (rule) Salinas v. State
Tex. App. · 1986 · confidence medium
Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985).
cited Cited "see" Kelly Dewayne Thomas v. State
Tex. App. · 2019 · signal: see · confidence high
See Logan v. State, 698 S.W.2d 680 , 683–84 (Tex. Crim.
cited Cited "see" Shawn Mayreis v. State
Tex. App. · 2015 · signal: see · confidence high
See Logan v. State, 698 S.W.2d 680, 683-84 (Tex.Crim.App.1985).
examined Cited "see" Paul Anthony Crayton v. State (10×)
Tex. App. · 2015 · signal: see · confidence high
See Logan v. State, 698 S.W.2d 680, 683-84 (Tex.Crim.App.1985).
examined Cited "see" Ricardo Torres v. State (3×)
Tex. App. · 2014 · signal: see · confidence high
See Logan v. State, 698 S.W.2d 680, 683-84 (Tex.Crim.App.1985).
discussed Cited "see" Parks v. State
Tex. App. · 1993 · signal: see · confidence high
See Logan v. State, 698 S.W.2d 680, 682 (Tex.Crim.App.1985) (whether an argument is harmful enough to warrant reversal is ultimately determined on the basis of the argument’s probable effect on the minds of the jurors).
cited Cited "see" Wayne Jefferson v. State
Tex. App. · 1992 · signal: see · confidence high
See Logan v. State , 698 S.W.2d 680, 683 (Tex. Crim.
discussed Cited "see" Jefferson v. State
Tex. App. · 1992 · signal: see · confidence high
See Logan v. State, 698 S.W.2d 680, 683 (Tex.Crim.App.1985); see also Decker v. State, 717 S.W.2d 903, 909 (Tex.Crim.App.1983) (approving an argument in which the prosecutor told the jury they were part of the battle in “a war on crime”); Tijerina v. State, 786 S.W.2d 508, 513 (Tex.App.1990, pet. ref’d) (the State is allowed to argue to the jury that they may protect the community by assessing a lengthy prison sentence).
cited Cited "see" Hernandez v. State
Tex. Crim. App. · 1991 · signal: see · confidence high
See Logan v. State, 698 S.W.2d 680 (Tex.Cr.App.1985).
cited Cited "see" Lunn v. State
Tex. App. · 1988 · signal: see · confidence high
See Logan v. State, 698 S.W.2d 680, 683 (Tex. Crim.App.1985).
cited Cited "see" Miller v. State
Tex. Crim. App. · 1987 · signal: see · confidence high
See, for example, Logan v. State, 698 S.W.2d 680 (Tex.Cr.App.1985).
cited Cited "see, e.g." Jessie Martin Pena v. the State of Texas
Tex. App. · 2021 · signal: see also · confidence medium
App. 1992); see also Crayton v. State, 463 S.W.3d 531, 535 (Tex. App.—Houston [14th Dist.] 2015, no pet.) (citing Logan v. State, 698 S.W.2d 680, 683-84 (Tex. Crim.
cited Cited "see, e.g." Alvis Jackson, III v. State
Tex. App. · 2020 · signal: see also · confidence medium
App. 1992); see also Crayton v. State, 463 S.W.3d 531, 535 (Tex. App.— Houston [14th Dist.] 2015, no pet.) (citing Logan v. State, 698 S.W.2d 680, 683-84 (Tex. Crim.
cited Cited "see, e.g." Lamar Cooks v. State
Tex. App. · 2019 · signal: see also · confidence medium
App. 1992); see also Crayton v. State, 463 S.W.3d 531, 535 (Tex. App.—Houston [14th Dist.] 2015, no pet.) (citing Logan v. State, 698 S.W.2d 680, 683-84 (Tex. Crim.
discussed Cited "see, e.g." Juan Jose Rosa v. State
Tex. App. · 2015 · signal: see also · confidence medium
App. 1998); see also Logan v. State, 698 S.W.2d 680, 682 (Tex. Crim.
Joyce LOGAN, Appellant,
v.
the STATE of Texas, Appellee
992-84.
Court of Criminal Appeals of Texas.
Oct 30, 1985.
698 S.W.2d 680
Douglas W. Skemp, Dallas, for appellant., Henry Wade, Dist. Atty., and Ruth E. Plagenhoef and Jeffrey B. Keck, Asst. Dist. Attys., Dallas, Robert Huttash, State’s Atty., Austin, for the State.
Teague, Onion, Clinton, Miller.
Cited by 70 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 65%
Citer courts: Court of Appeals of Texas (1)

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

Joyce Logan, appellant, was convicted by a jury of committing the offense of aggravated robbery. Punishment, enhanced by one of two alleged prior felony convictions, was assessed by Hon. Thomas B. Thorpe, the trial judge, at forty-five years’ confinement in the Department of Corrections.

A majority of a panel of the Dallas Court of Appeals, in an opinion authored by Justice Akin, ordered the conviction of appellant set aside. [1] See Logan v. State, 679 S.W.2d 55 (Tex.App.—Dallas 1984). The majority of the panel found that Judge Thorpe should have declared a mistrial during appellant’s trial because of a statement that Marshall Gandy, who was one of the prosecutors in this cause, [2] made to the jury during his jury argument at the guilt stage of appellant’s trial. The majority found that Gandy’s statement was so egregious that it could not be cured by Judge Thorpe’s instruction to the jury to disregard it.

We will reverse the judgment of the court of appeals because we find, first, that it is arguable that Gandy’s statement was not improper, and, secondly, assuming that it was improper, we find and hold that Judge Thorpe’s instruction to the jury to disregard the statement was sufficient to cure any error.

The complained of argument is as follows:

What is the relationship between those two women [appellant and Janice Lehman, an alibi witness], folks? They were roommates for five or six years. Mr. Hight [appellant’s attorney] chooses in his own words to characterize it as an ‘economic unit,’ a ‘family.’ Of course, the two of them were sleeping together those five years. (Our emphasis.)

The record reflects that appellant’s counsel objected to the last statement, Judge Thorpe sustained his objection and then instructed the jury to disregard the statement, “I will sustain the objection to the exact words used by counsel in his argument ... I have sustained the objection, and by sustaining it you [the jury] will disregard those words quote ‘sleeping together.’ ” Judge Thorpe, however, refused to grant appellant’s counsel’s motion for mistrial.

Our law provides that an accused person shall receive a fair trial, which, of course, is one free from improper jury argument by the prosecuting attorney. Richardson v. State, 158 Tex.Cr.R. 536, 257 S.W.2d 308 (App.1953). However, not[*682] every improper argument by a prosecuting attorney will cause a conviction to be reversed. Anderson v. State, 633 S.W.2d 851, 855 (Tex.Cr.App.1982). Generally speaking, even if a prosecuting attorney’s jury argument is found to be improper, an instruction by the trial judge to the jury to disregard the improper argument is usually sufficient to cure the error. Anderson v. State, supra. It is only when a statement to a jury is so inflammatory that its prejudicial effect cannot reasonably be cured by an instruction to the jury to disregard it that reversible error will result. Blansett v. State, 556 S.W.2d 322, 328 (Tex.Cr.App.1977). In order to fall within this requirement, the argument must be extreme, manifestly improper, inject new and harmful facts into the case, or violate a mandatory statutory provision. Duffy v. State, 567 S.W.2d 197, 206 (Tex.Cr.App.1978), cert. denied, 439 U.S. 991, 99 S.Ct. 593, 58 L.Ed.2d 666 (1978); Stiggers v. State, 506 S.W.2d 609, 613 (Tex.Cr.App.1974). Whether an argument is harmful enough to warrant reversal is ultimately determined on the basis of the argument’s probable effect on the minds of the jurors. Blansett v. State, supra. Of course, complained of argument must be viewed in light of the facts that were adduced and in context.

Our interpretation of the opinion of the court of appeals is that it focused upon only one of the possible inferences that one might draw from Gandy’s statement. However, we find and hold that another inference that the jury could have drawn from Gandy’s statement is that the jury should have viewed Lehman’s testimony with caution and judged her credibility in light of her longstanding relationship with appellant. Furthermore, when viewed in light of the facts adduced, and in context, Gandy’s statement also may have been nothing more than idiomatic speech.

The facts of this cause reflect that at approximately 8:20 a.m. two persons committed a robbery at the Godwin Pharmacy, located in the Jeff Davis Shopping Center in Dallas. Money and controlled substances were taken. The owner of the pharmacy and two of his employees positively identified appellant in court as being one of the two robbers, each of whom was armed with a firearm.

Appellant’s defense was alibi, which was supported by several witnesses. One of her witnesses was Janice Lehman. Lehman testified that appellant was working for her that morning. She also testified that she and appellant had known each other for almost seven years, having met when they both worked for the Salvation Army of Dallas. They became good friends. For approximately five or six years, appellant, with her niece, and Lehman, with her daughter, shared a three-bedroom house. Appellant and Lehman occupied one bedroom of the house and the children occupied the other two bedrooms. The record does not reflect how many beds were maintained in the bedroom which appellant and Lehman occupied. Appellant’s trial counsel characterized their living arrangement as “a little economic unit” in which they “shared expenses together.”

Judge Thorpe ruled, after a hearing was held outside the jury’s presence, that the prosecuting attorneys could not ask Lehman such questions as the following: “Isn’t it true that you [and appellant] were homosexual lovers? ” and “Now, you are under oath, and I’m asking you point blank, isn’t that a fact that you had a sexual relationship with that defendant, Joyce Ann Logan? ” During the hearing, Lehman answered the questions in the negative.

The record is clear that neither Gandy nor Jarvis thereafter violated the trial judge’s ruling. Had they done so, they would have subjected themselves to contempt of court. Furthermore, but in light of what this Court has held in the past, regarding a prosecuting attorney asking a witness a question in bad faith, such might have been sufficient in itself to have warranted a reversal. Cf. Keel v. State, 434 S.W.2d 687 (Tex.Cr.App.1968); Alexander v. State, 476 S.W.2d 10 (Tex.Cr.App.1972); Solis v. State, 492 S.W.2d 561 (Tex.Cr.App.1973).

[*683] Gandy’s statement to the jury, “Of course, the two of them were sleeping together, those five years,” when viewed standing alone, might very well have caused a rational trier of fact to draw the inference that appellant and Lehman previously had a homosexual relationship. However, the issue that we must decide is not whether the statement supports the inference that appellant and Lehman had a homosexual relationship, but, instead, is whether, from the facts and the argument, that was the sole inference that the jury could have drawn from Gandy’s statement.

We find and hold that when viewed in light of the evidence that was adduced, that concerned the relationship between appellant and Lehman, and when viewed in context of Gandy’s remarks, the jury could have interpreted Gandy’s statement to mean that it should view with caution the alibi testimony of Lehman because of the close relationship that she and appellant previously had. Furthermore, when taken in context, we find that Gandy’s statement could represent nothing more than idiomatic speech. In sum, we find it questionable that the only inference the jury could have drawn from Gandy’s statement was that appellant and Lehman had been homosexual lovers.

Assuming arguendo, however, that Gandy should not have made the statement to the jury, was Judge Thorpe’s instruction to the jury sufficient to cure the error? We answer the question in the affirmative.

As previously observed, the general rule is that an instruction by the trial judge to the jury to disregard improper argument will usually cure the error, unless the prosecuting attorney subsequently attempts to circumvent the court’s ruling that such argument was improper, which did not occur in this cause. Anderson v. State, supra.

In holding that Gandy’s statement to the jury was not only improper argument, but incurable error as well, the court of appeals relied heavily upon this Court’s decision of Brown v. State, 168 Tex.Cr.R. 67, 323 S.W.2d 954 (App.1959), in which the defendant had been convicted of unlawful possession of barbiturates. Although Brown, supra, has many similarities to the case at bar, we find that it is distinguishable.

Contrary to this cause, the prosecuting attorney in Brown, supra, in the presence of the jury, asked the defendant’s principal witness the following question: “Q: All right, now, Grady, so that we can better understand your position in this case, I will ask you if it isn’t a fact, Grady, that you have been and you are in love with this Defendant to the extent that you have had sexual relations with him? ” The question was not answered. Objection to the question was sustained and the jury was instructed to disregard the question, but motion for mistrial was overruled. Thereafter, but for the above question that he had asked, the prosecuting attorney then asked the witness what would have otherwise been innocuous questions. It is obvious to us that when the prosecuting attorney asked the highly improper question he threw the proverbial momma skunk into the jury box, see Dunn v. U.S., 307 F.2d 883, 886 (5th Cir.1962), and thereafter, by asking what would otherwise have been innocuous questions, he then threw into the jury box all of momma skunk’s pole kittens.

In this instance, however, although it is arguable that Gandy possibly gave the jury a whiff of skunk odor, we find and hold that the trial judge immediately and effectively sanitized the jury box with his instruction to disregard.

Furthermore, the error that was committed in Brown, supra, is better viewed in the context of this Court’s cases that hold reversible error may occur solely because a prosecuting attorney asked a defense witness an egregious question. See Mounts v. State, 148 Tex.Cr.R. 149, 185 S.W.2d 731 (App.1945), and its progeny.

The opinion of Brown, supra, clearly reflects that when the prosecuting attorney in that cause asked what was under the facts and circumstances of that cause a highly improper question, he did so solely to inflame the minds of the jury. Under[*684] the circumstances of that cause, the question asked was of such character as to suggest the impossibility of withdrawing the impression produced on the minds of the jury that the defendant and his witness were homosexual lovers. In this instance, however, at no time in the presence of the jury did either prosecuting attorney ask any of the witnesses for appellant a similar question. Given the facts of Brown, supra, the question asked was obviously harmful to the defendant in that cause, and this Court correctly reversed the conviction. Cf. Gonzales v. State, 685 S.W.2d 47 (Tex.Cr.App.1985).

Under our facts, however, we are unable to conclude that Gandy’s statement to the jury was of such character as to suggest the impossibility of withdrawing the impression produced on the minds of the jurors, that appellant and Lehman had a homosexual relationship, if that was the inference that any of the jurors drew from Gandy’s statement. Also see White v. State, 444 S.W.2d 921 (Tex.Cr.App.1969).

We hold in this instance that the instruction given by the trial judge was sufficient to cure the error, if any.

The judgment of the court of appeals is reversed and the cause remanded to that court for it to consider appellant’s remaining ground of error, that appellant received the ineffective assistance of counsel.

ONION, P.J., concurs in the result. CLINTON and MILLER, JJ., dissent.
1

. Justices Carver and Shumpert were the other members of the panel. Justice Carver filed a dissenting opinion to the reversal.

2

. David Jarvis was the other prosecuting attorney for the State.