Court of Criminal Appeals of Texas
James Marvin Thomas, Appellant v. the State of Texas, Appellee
October 9, 19851985 Tex. Crim. App. LEXIS 1720
Summary
The Court affirmed the trial court’s judgment, holding that the evidence did not require a jury instruction on criminally negligent homicide, that the dying declaration was properly admitted, that alleged juror misconduct did not warrant a new trial, and that venue was properly established by the change‑of‑venue order. Two dissenting judges argued that the jury should have been instructed on criminally negligent homicide and that the majority erred in its analysis.