Court of Criminal Appeals of Texas
Kerry Douglas Armstrong, Appellant v. the State of Texas, Appellee
November 27, 19851985 Tex. Crim. App. LEXIS 1741
Summary
The Court of Criminal Appeals of Texas reversed the capital murder conviction and remanded for a new trial because the State improperly admitted the deceased's widow's testimony at the punishment stage, which was not rebuttal evidence. The Court affirmed that the arrest warrant was supported by probable cause and that the confession was voluntary, but those holdings did not affect the reversal. The decision also clarified that evidence of the victim's peaceful character is inadmissible unless the defense raises the victim's character.