Court of Criminal Appeals of Texas

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

July 14, 1976540 S.W.2d 693

Summary

The Texas Court of Criminal Appeals affirmed Ernest Benjamin Smith Jr.'s murder conviction and death sentence, holding that the evidence supported his liability as a principal, that the special issues were properly answered, and that the indictment, jury selection, and statutory provisions were constitutionally valid. The court rejected all of appellant's grounds of error, including challenges to the indictment, jury qualifications, and admission of evidence. The opinion also addressed procedural issues such as peremptory challenges and cumulative trial errors. Justice Roberts, concurring, withdrew his dissent and agreed with the majority.