EADS v. STATE

No. 59075.

598 S.W.2d 304 (1980)

Robert Eugene EADS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

May 14, 1980.


Attorney(s) appearing for the Case

Roger M. Dreyer and Leslie E. Hudson, Gonzales, for appellant.

Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and DALLY, JJ.


OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for capital murder, where the punishment was assessed at life imprisonment. See V.T. C.A., Penal Code, § 19.03, and Article 37.071, V.A.C.C.P.

At the very outset we are immediately confronted with appellant's contention that the trial court erred in accepting an incomplete jury verdict at the penalty stage of trial and in refusing to grant a mistrial. The jury answered the third...

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