Opinion

Smith v. State

  • 540 S.W.2d 693
Court
Court of Criminal Appeals of Texas
Filed
Jul 14, 1976
Status
Published
Author
Odom
On the bench
Odom, Roberts, Morrison
Cited by
95 cases
Authority
More cited than 10.9%

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The opinion concurring in part and dissenting in part on original submission, by the writer, is withdrawn.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.

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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