Court of Criminal Appeals of Texas
Eliseo Hernandez Moreno, Appellant v. the State of Texas, Appellee
May 28, 19861986 Tex. Crim. App. LEXIS 738
Summary
The Court of Criminal Appeals of Texas affirmed the capital murder conviction and death sentence of Eliseo Hernandez Moreno, holding that the indictment was sufficient, the juror exclusions were proper, the evidence that Trooper Boyd was acting in the lawful discharge of his duty was sufficient, the extraneous offense evidence (including the Garza murders) was admissible, the request for a lesser‑included offense charge was properly denied, and the jury's finding of future dangerousness was supported by the record. A concurring judge agreed with the result but criticized the majority's reasoning.