Court of Criminal Appeals of Texas
Jerry Lane Jurek, Appellant v. the State of Texas, Appellee
April 16, 19751975 Tex. Crim. App. LEXIS 919
Summary
The Court of Criminal Appeals of Texas affirmed the conviction and upheld the constitutionality of Texas statutes authorizing the death penalty, finding that they provide sufficient guidance to juries and do not violate the Eighth or Fourteenth Amendments. It also held that the indictment was not duplicitous and that the appellant's confessions were voluntary and admissible. Justice Roberts dissented, arguing that Article 37.071 is unconstitutionally vague and that the judgment should be reduced to life imprisonment. Justice Odom concurred in part and dissented in part, agreeing the death penalty is constitutional but contending the statute is mandatory, not discretionary.