# Caraway v. State

> Court of Criminal Appeals of Texas · November 23, 1971 · 489 S.W.2d 106

URL: https://www.frixlaw.com/law-library/cases/9684545

## Case

- **Full name:** Thomas Franklin CARAWAY, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 23, 1971
- **Citations:** 489 S.W.2d 106; 1971 Tex. Crim. App. LEXIS 1584
- **Precedential status:** Published
- **Opinion:** On rehearing by Davis
- **Judges:** Roberts, Davis, Onion
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9684545

## Opinion text

OPINION
ON APPELLANT’S MOTION FOR REHEARING
DAVIS, Commissioner.
After the opinion herein, the Supreme Court of the United States overruled the prior holding of this and other courts in Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 , and in Branch v. Texas, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 , when it held in effect that the death penalty may not be assessed under our present statute.
The Honorable Preston Smith, Governor of Texas, acting upon the recommendation of the Board of Pardons and Paroles by Proclamation dated September 14, 1972, has commuted the punishment in this cause from death to life imprisonment.
As a result of the Governor’s commutation and authority of Whan v. State, Tex.Cr.App. 485 S.W.2d 275 , the judgment of the trial court is ordered reformed to show the punishment assessed at life.
We have considered the contention raised by appellant in his brief filed on motion for rehearing and find that same was fully discussed and properly disposed of in this Court’s original opinion.
The judgment as reformed is affirmed and appellant’s motion for rehearing is overruled.
Opinion approved by the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9684545. Public record. Not legal advice.