# Smith v. State

> Court of Criminal Appeals of Texas · July 14, 1976 · 540 S.W.2d 693

URL: https://www.frixlaw.com/law-library/cases/9779109

## Case

- **Full name:** Ernest Benjamin SMITH, Jr., Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** July 14, 1976
- **Citations:** 540 S.W.2d 693
- **Precedential status:** Published
- **Opinion:** On rehearing by Odom
- **Judges:** Odom, Roberts, Morrison
- **Cited by:** 95 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/9779109

## Opinion text

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The opinion concurring in part and dissenting in part on original submission, by the writer, is withdrawn.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

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9779109. Public record. Not legal advice.