Marlin Enos Nelson, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed the capital murder conviction and death sentence, holding that the evidence was sufficient to prove murder in the course of robbery, the arrest was lawful, the juror challenges were proper, the admission of prior statements was permissible, and the Penry claim was unsupported. The opinion was joined by a concurrence and dissented by Judge Clinton, who argued the evidence did not prove intent to steal before the homicide and called for reversal.