Charles Edward Smith, Appellant v. the State of Texas, Appellee

Summary

The Court affirmed Smith’s capital‑murder conviction but vacated his death sentence because the trial court failed to give the jury the deliberateness question required under the law in effect at the time of the offense, rendering the verdict incomplete and the death penalty unauthorized. All other alleged errors were overruled. Judge Clinton filed a concurring opinion agreeing with the majority’s judgment and reasoning on the juror‑challenge issue.