Fearance v. State

I respectfully file this dissenting opinion. For reasons that I will give, John Fearance, Jr.’s conviction for capital murder and death sentence should be set aside, and not affirmed. Henceforth, I will refer to Fearance as appellant.

I find that the majority opinion erroneously disposes of appellant’s point of error *515numbered seven, which asserts the following: “The trial court erred in overruling appellant’s timely motion to quash the second paragraph of the indictment, which used murder twice to create a capital offense,” and his point of error numbered eight, which asserts the following:…