Court of Criminal Appeals of Texas

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

January 20, 1993861 S.W.2d 870

Summary

The Court held that the evidence was sufficient to find intentional and deliberate killing for capital murder, but erred by failing to charge the lesser included offense of involuntary manslaughter; therefore the conviction and death sentence were set aside and the case remanded for appropriate lesser‑offense instruction. Justice Campbell dissented, arguing that the majority misapplied the Saunders rule and that the death judgment should stand.