Von Byrd v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for capital murder. 1 The jury answered the special answers prescribed by Article 37.-071(b), Vernon’s Ann.C.C.P., 2 in the affirm ative; accordingly, punishment was imposed at death.

The appellant contends that: (1) the trial judge abused his discretion by refusing to grant the appellant’s motion for change of venue; (2) forty-four prospective jurors were excluded in violation of Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968); (3) the trial judge erred by refusing to grant the appellant’s challenge for…