State v. McPherson

BOYD, Justice.

On April 3, 1991, after his conviction of capital murder, appellee Larry Eugene McPherson was sentenced to death. Dur*82ing the punishment phase of the trial, the three special issues mandated by article 37.071 of the Texas Code of Criminal Procedure were submitted to the jury.1 Additionally, and over the objection of the State, a fourth issue was submitted. By the issue the jury was queried as follows:

Do you find from the evidence, after considering fully the Defendant’s mitigating evidence, if any, that the death penalty is a reasoned moral response to the Defendant’s background,…