Loudres v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for capital murder. The punishment is death.

The appellant contends that certain prospective jurors were improperly excused. We agree: the rationale of the decisions of the Supreme Court in Adams v. Texas, 448 U.S. 38, 100 S.Ct. 2521, 65 L.Ed.2d 581 (1980) and Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968), requires the reversal of the judgment in this case.

In Witherspoon v. Illinois, supra, the United States Supreme Court stated:

“... we hold that a sentence of death cannot be carried out if the jury that…