Legal Opinion

Duff-Smith v. State

Court of Criminal Appeals of Texas

Decided January 16, 1985No. 68908PublishedCited by 47 opinions

1Opinion of the Court

OPINION

THOMAS G. DAVIS, Judge.

Appeal is taken from a conviction for capital murder. V.T.C.A. Penal Code, Sec. 19.03(a)(3). After finding appellant guilty of capital murder, the jury returned affirmative findings to the first two special issues under Art. 37.071(b), V.A.C.C.P. Punishment was assessed at death.

Appellant was convicted, as a party, of murdering his mother, Gertrude Zabolio, 1 by strangling her with a panty hose for remuneration or the promise of remuneration, namely, proceeds from the estate of Gertrude Zabolio. The killing occurred in Houston on October 15, 1975. According to…

Also in this document: Concurrence.

2Cases cited22 opinions

  1. Witherspoon v. IllinoisSupreme Court of the United States · 1968
  2. Adams v. TexasSupreme Court of the United States · 1980
  3. Quinones v. StateCourt of Criminal Appeals of Texas · 1980
  4. Cumbie v. StateCourt of Criminal Appeals of Texas · 1979
  5. Edwards v. StateCourt of Criminal Appeals of Texas · 1968

17 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Crane v. StateCourt of Criminal Appeals of Texas · 1990
  2. Johnson v. StateCourt of Criminal Appeals of Texas · 1985
  3. Fearance v. StateCourt of Criminal Appeals of Texas · 1988
  4. Holladay v. StateCourt of Criminal Appeals of Texas · 1986
  5. Markham Duff-Smith v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1992

42 more not listed; retrieve them via the Exa API.

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