Court of Criminal Appeals of Texas

Jack Harry Smith, Appellant v. the State of Texas, Appellee

July 11, 19841984 Tex. Crim. App. LEXIS 703

Summary

The Court affirmed the capital murder conviction and death sentence, holding that the trial court did not err in denying a mistrial or continuance, in excusing a prospective juror under Witherspoon, in the jury charge, in admitting an attempted‑escape report, and that the evidence supported the jury's answers to the special issues. The dissent argued the juror exclusion violated Witherspoon and Adams, while the concurrence emphasized deference to the trial judge’s observations.