Court of Criminal Appeals of Texas

Gary Johnson, Appellant v. the State of Texas, Appellee

December 16, 19921992 Tex. Crim. App. LEXIS 242

Summary

The Court affirmed Gary Johnson's capital murder conviction and death sentence, holding that no accomplice-witness instruction was required, the evidence was sufficient for the jury's findings on deliberateness and future dangerousness, the Texas capital murder statute and its application to parties was constitutional, and the jury instructions at the punishment phase were not egregious error. Justice Clinton dissented, arguing the mitigating evidence and accomplice instruction were improperly excluded and the death sentence violated the Eighth Amendment.