Cherry v. State of Texas

MEMORANDUM OPINION

BREWSTER, Chief Judge.

This is a petition for writ of habeas corpus seeking to set aside petitioner’s life sentence for murder with malice upon a jury verdict in Cause Number 79923, State v. Cherry, Criminal District Court Number 1, Tarrant County, Texas. The jury originally assessed the death penalty. The appellate court affirmed the conviction and death sentence in Cherry v. State, Tex.Cr.App., 488 S. W.2d 744 on June 28, 1972. On June 29, 1972, the Supreme Court ruled, in three companion cases, that the imposition of the death penalty under the Georgia and Texas statutes…