Court of Criminal Appeals of Texas

Carl Johnson, Appellant v. the State of Texas, Appellee

November 10, 19811981 Tex. Crim. App. LEXIS 1245

Summary

The Court affirmed Carl Johnson's capital murder conviction and death sentence, holding that the trial court's failure to submit the provocation issue without a timely objection, as well as several other alleged errors, did not constitute reversible or fundamental error. The dissent argued that the mandatory statutory provision should have been enforced and that the error was fundamental.