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
ROBERTS, Judge
(concurring).
My dissenting opinion on original submission is withdrawn. The Supreme Court of the United States has resolved the questions I had about the constitutionality of Art. 37.071(b)(2), Vernon’s Ann.C.C.P., in Jurek v. Texas, - U.S. -, 96 S.Ct. 2950 , 48 L.Ed.2d -, 19 Cr.L. 3282 (1976). See also Gregg v. Georgia, - U.S. -, 96 S.Ct. 2950 , 48 L.Ed.2d -, 19 Cr.L. 3250 (1976), and Proffitt v. Florida, - U.S. -, 96 S.Ct. 2960 , 48 L.Ed.2d -, 19 Cr.L. 3276 (1976).
I agree that the motion for rehearing should be overruled.