Court of Criminal Appeals of Texas

Darryl Elroy Stewart, Appellant v. the State of Texas, Appellee

September 19, 19841984 Tex. Crim. App. LEXIS 732

Summary

The Court affirmed the death sentence, holding that the appellant waived alleged juror exclusion errors, that Texas's capital‑sentencing scheme including Article 37.071 satisfies constitutional requirements, that the exclusion of testimony was not reviewable, that Enmund v. Florida does not apply because the appellant was the triggerman, and that the jury charge on the law of parties was proper. A dissent argued that the mitigation instruction was inadequate.