Court of Criminal Appeals of Texas
Benny Aguirre, Appellant v. the State of Texas, Appellee
July 1, 19871987 Tex. Crim. App. LEXIS 621
Summary
The Court reversed Benny Aguirre's murder conviction because the general verdict could have rested on an untenable felony‑murder theory, rendering the verdict indefinite under Garrett. The judgment was reversed and the cause remanded for further proceedings. Justice TEAGUE and Justice TOM G. DAVIS dissented, arguing the felony‑murder theory was supported by the evidence and the conviction should stand.