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.