BUFFINGTON v. STATE

No. 68819.

652 S.W.2d 394 (1983)

James G. BUFFINGTON, Sr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied June 29, 1983.


Attorney(s) appearing for the Case

David K. Chapman (court appointed), John R. Hrncir (court appointed), Marvin R. Zimmerman (court appointed), San Antonio, for appellant.

Bill M. White, Dist. Atty., Charles T. Conaway, Keith Burris, Bill Blagg, Lawrence R. Linnartz and Edward F. Shaughnessy, III, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.


OPINION

W.C. DAVIS, Judge.

Appellant was convicted of capital murder. Upon the jury's findings that the killing was deliberate and that appellant represents a continuing threat to society, punishment was assessed at death. Art. 37.071, V.A.C.C.P.

Appellant contends the court erred in excusing two veniremembers who expressed only general objections to the death penalty, in violation of the rule of Witherspoon v. Illinois, 391...

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