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 death sentence, holding that no accomplice-witness instruction was required when the defense called the accomplice, that the evidence was sufficient to find deliberateness and future dangerousness, and that Texas's capital murder statute and law of parties are constitutional. A dissent argued the trial court erred by not giving a mitigating instruction and by misapplying the accomplice-witness rule.