Legal Opinion

Molandes v. State

Court of Criminal Appeals of Texas

Decided September 20, 1978No. 53814PublishedCited by 25 opinions

1Opinion of the Court

OPINION

ODOM, Judge.

This is an appeal from a conviction for capital murder in which punishment was fixed at life. V.T.C.A., Penal Code Sec. 19.03; Art. 37.071, V.A.C.C.P.

The sufficiency of the evidence is not challenged; the three grounds of error raised on appeal are all directed to the court’s charge.

In his first ground of error appellant contends the jury charge erroneously allowed a conviction for capital murder under the law of criminal responsibility for the conduct of another. V.T.C.A., Penal Code Sec. 7.01. He argues that the law of parties does not apply to capital murder and urges…

2Cases cited4 opinions

  1. Smith v. StateCourt of Criminal Appeals of Texas · 1976
  2. Jones v. StateCourt of Criminal Appeals of Texas · 1977
  3. Randel v. StateCourt of Criminal Appeals of Texas · 1949
  4. Clark v. StateCourt of Criminal Appeals of Texas · 1955

3Cited by25 opinions

  1. State v. BeySupreme Court of New Jersey · 1988
  2. Johnson v. StateCourt of Criminal Appeals of Texas · 1984
  3. Doyle Edward Skillern v. W.J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1983
  4. Murchison v. State, Texas Court of Appeals, 14th District (Houston)2002
  5. Martinez v. State, Texas Court of Appeals, 1st District (Houston)2006

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