Hernandez v. State

OPINION

DALLY Judge.

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

The appellant contends that the trial court erred: in overruling his motion for continuance, in overruling his motion to attach absent vemre members, m permitting an incompetent witness to testify, in allowing the State to question the incompetent witness by asking her leading questions, and in refusing to submit the third punishment issue of Art. 37.071, V.A.C.C.P. to the jury. Also, the appellant complains of six instances of allegedly improper jury selection.

The appellant was convicted for…