James Clarence Ross, Appellant v. the State of Texas, Appellee

Summary

The Court held that the evidence was sufficient to support a finding of intentional and deliberate killing, but reversed the capital murder conviction and death sentence because the trial court failed to give a proper lesser‑included offense instruction on murder (or felony‑murder). The conviction was vacated and the case remanded for a new trial with the appropriate jury charge. Justice Campbell dissented, arguing that the majority misapplied the Saunders rule and that no lesser‑offense instruction was required.