STULTZ v. STATE

No. 46550.

500 S.W.2d 853 (1973)

Carlos Don STULTZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 31, 1973.


Attorney(s) appearing for the Case

Malcolm Dade (Court-appointed), James H. Miller, Dallas, for appellant.

Henry Wade, Dist. Atty., W. T. Westmoreland, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder with malice. The jury assessed punishment at death.

Appellant first contends that the imposition of the death penalty constitutes cruel and unusual punishment. The death penalty was declared unconstitutional by the United States Supreme Court in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346, and Branch v. Texas, 408...

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