Opinion

Burns v. State

  • 556 S.W.2d 270
  • 1977 Tex. Crim. App. LEXIS 1104
Court
Court of Criminal Appeals of Texas
Filed
May 3, 1977
Status
Published
Author
Roberts
On the bench
Davis, Roberts, Phillips
Cited by
143 cases
Authority
More cited than 8.3%

holding that the prosecutor’s reference to the defendant as an “animal” was not an improper deduction from the evidence because the defendant had brutally tortured and murdered a 58-year-old man

How later courts described this case

  • holding that the prosecutor’s reference to the defendant as an “animal” was not an improper deduction from the evidence because the defendant had brutally tortured and murdered a 58-year-old man
  • holding that a reference to the accused as an animal is not improper when the defendant had brutally tortured and murdered a 58-year-old man
  • finding that prosecutor's reference to defendant as an "animal" was not improper because "the record . . . reflects a 'bestial aspect.'"
  • holding that reference to defendant being an "animal" "was warranted" and was "not an improper deduction from the evidence"

Written by the judges who cited it.

The opinion

ROBERTS, Judge,

dissenting.

For the reasons stated in Part I of my dissenting opinion in Shippy v. State, Tex. *287 Cr.App., 556 S.W.2d 246 (delivered April 27, 1977), I dissent to the majority’s disposition of appellant’s grounds of error relating to the trial court’s violation of the mandate of Witherspoon v. Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968), and in particular, appellant’s complaint of the erroneous exclusion of prospective juror Tillman.

PHILLIPS, J., joins in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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