John Fearance, Jr., Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed John Fearance, Jr.'s capital murder conviction and death sentence, holding that the indictment was valid, the merger doctrine did not bar prosecution, the statute of limitations does not apply to capital murder, the double jeopardy claim fails, the jury selection rulings were proper, and the warrantless arrest and plain‑view seizure were lawful. The majority relied on prior Texas precedent and U.S. Supreme Court cases. Justice Teague dissented, arguing that the second paragraph of the indictment was defective and that the conviction should be set aside. The dissent is noted at the end of this summary.