The opinion
On Motion for Rehearing.
Appellant has filed a motion for rehearing on two grounds. First, he contends that the opinion "failed to state how the state met the standard of the Witherspoon case...” This issue was treated in the third Division of the opinion and is summarized in this sentence from p. 7 of it: *468 "Each juror excused had expressed unalterable opposition to capital punishment under all circumstances.” This authorized the recuse of these prospective jurors in the case.
The second ground of the motion urges that appellant’s contention, that he did not make a voluntary-statement, was not considered by the court. This contention was specifically considered in the fourth Division of the opinion. As stated on p. 9, "The trial court resolved the conflict in the evidence in favor of the admissibility of the confession in the jury trial and his decision is supported by a preponderance of the evidence.”
Motion for rehearing denied.
All the Justices concur, except Gunter, J., who dissents.