Buffington v. State

652 S.W.2d 394, 1983 Tex. Crim. App. LEXIS 1030

• Court: Court of Criminal Appeals of Texas
• Decided: May 11, 1983
• Docket: 68819
• Status: Published

Opinions

OPINION

W.C. DAVIS, Judge.

Appellant was convicted of capital murder. Upon the jury’s findings that the killing was deliberate and that appellant represents a continuing threat to society, punishment was assessed at death. Art. 37.071, V.A.C.C.P.

Appellant contends the court erred in excusing two veniremembers who expressed only general objections to the death penalty, in violation of the rule of Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968), and Adams v. Texas, 448 U.S. 38, 100 S.Ct. 2521, 65 L.Ed.2d 581 (1980). The State agrees, and confesses error in its brief. The record supports that agreement.

The judgment is reversed and remanded.