Ernest Benjamin Smith, Jr., Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed Ernest Benjamin Smith Jr.'s murder conviction and death sentence, finding the evidence sufficient to support the conviction, the special issue findings, and the indictment. The Court rejected Smith's arguments that the co-defendant was the actual killer, that the indictment was defective, and that jury selection violated Witherspoon. It also held that the statutory provisions governing capital sentencing and jury qualification were constitutionally valid. Justice Roberts filed a concurring opinion, withdrawing his dissent and agreeing that the motion for rehearing should be overruled.