where during holdup of grocery store, defendant’s accomplice, at defendant’s direction, shot the clerk after defendant attempted to shoot the clerk and his gun misfired
How later courts described this case
- where during holdup of grocery store, defendant’s accomplice, at defendant’s direction, shot the clerk after defendant attempted to shoot the clerk and his gun misfired
- trial transcript from another trial is not properly part of the record on appeal and cannot be considered by an appellate court
Written by the judges who cited it.
The opinion
OPINION ON APPELLANT’S MOTION FOR REHEARING
ODOM, Judge.
The opinion concurring in part and dissenting in part on original submission, by the writer, is withdrawn.
The questions that concerned the writer regarding the constitutionality of Art. 37.-071(b)(2), V.A.C.C.P., have been laid to rest by the Supreme Court of the United States in Jurek v. Texas, - U.S. -, 96 S.Ct. 2950 , 49 L.Ed.2d 929 , 19 Cr.L. 3282. See also Gregg v. Georgia, - U.S. -, 96 S.Ct. 2909 , 49 L.Ed.2d 859 , 19 Cr.L. 3250, and Proffitt v. Florida, - U.S. -, 96 S.Ct. 2960 , 49 L.Ed.2d 913 , 19 Cr.L. 3276.
The motion for rehearing is overruled.