No. 41393.

434 S.W.2d 352 (1968)

Melvin Stuart PITTMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 30, 1968.

Second Rehearing Denied December 11, 1968.

Attorney(s) appearing for the Case

Charles Dickens, (Court Appointed on Appeal), Dawson H. Davis, Fort Worth, (Court Appointed on Appeal), for appellant.

Frank Coffey, Dist. Atty., R. J. Adcock, Charles D. Butts and R. W. Crampton, Asst. Dist. Attys., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.


ONION, Judge.

The offense is murder; the punishment, death.

We are squarely confronted with the question of whether the exclusion by the trial court of prospective jurors who had conscientious scruples against the infliction of death as a punishment for crime deprived appellant of his constitutional right to a trial by a fair and impartial jury. This is the first time this Court has been called upon to pass upon such a ground of error since...


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