Jones v. State

OPINION

WOODLEY, Presiding Judge.

The offense is murder; the punishment, life.

This case was tried after the effective date of the 1965 Vernon’s Ann.Code of Criminal Procedure and prior to the decision of this Court in Rojas v. State, Tex.Cr.App., 404 S.W.2d 30, in which we held that the alternate procedure provided in Art. 37.07, Sec. 2, of said Code is not applicable in a capital case where the state is seeking the death penalty, and the punishment in such cases must be assessed by the jury and not the judge.

We reaffirm this holding, but point out, as we did in Williams v. State, Tex.Cr.App.,…