# 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/9779110

## 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:** Concurrence by Roberts
- **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/9779110

## Opinion text

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My dissenting opinion on original submission is withdrawn.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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9779110. Public record. Not legal advice.