Ocker v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

ROBERTS, Judge.

Our original opinion is withdrawn and the following is substituted in lieu thereof.

This is an appeal from a conviction for rape of an eleven year old girl; the punishment was assessed by a jury at death.

On motion for rehearing, appellant contends that his constitutional rights were violated by the trial court’s improper exclusion of prospective jurors who had expressed religious or conscientious scruples against the infliction of the death penalty. Reliance is had on Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776,…