no abuse of discretion in excusing a juror who stated that her financial situation was such that all she could think about was how she was going to pay the bills and that she didn’t think she could be a fair juror
How later courts described this case
- no abuse of discretion in excusing a juror who stated that her financial situation was such that all she could think about was how she was going to pay the bills and that she didn’t think she could be a fair juror
- the legislature did not intend for a defendant to escape capital- murder charges when he kidnapped victim from scene of robbery and killed her to prevent her testimony
- prospective juror challengeable for cause when “all she could think about was how she was going to pay her bills, etc.”
- State’s challenge for inability to consider minimum punishment for a lesser included offense
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Butler v. State, 1992 Tex. Crim. App. LEXIS 116 (1992)
542 S.W.2d 664, 675 (Tex. Crim. App. 1976), abrogated on other grounds by Butler v. State, 830 S.W.2d 125
The opinion
ROBERTS, Judge
(dissenting).
In this case the appellant timely and properly contended in his brief filed in the trial court that the evidence was insufficient to support an affirmative answer to the second special issue submitted at the punishment stage of this capital murder trial. See Livingston v. State, 542 S.W.2d 655, p. 663 (Tex.Cr.App.1976) (opinion of Roberts, J.), delivered this day.
I would sustain this contention and reverse, for two reasons: First, the evidence that the murder in fact took place in the course of a robbery is extremely weak. Lamberson v. State, 509 S.W.2d 328 (Tex. Cr.App.1974). 1 Second, the psychiatric testimony is not sufficient to support an affirmative answer to the second special issue, for the reasons stated in part III of my dissenting opinion in Livingston v. State, supra.
The judgment should be reversed.
. I also believe that Lamberson requires a finding that this murder did not take place in the course of a robbery, and I would so hold.