Wallace v. State

This is one of several death penalty cases submitted on rehearing in which is raised a common troublesome question: Where cause for reversal is found, what is the proper disposition of the judgment of the trial court? In this case the opinion for the court concludes:

“. .. We are of the opinion that the evidence is insufficient to support the ‘yes’ finding on the issue of future violent conduct. Consequently the death penalty must be set aside. See Sanne v. State, [Tex.Cr.App.] 609 S.W.2d 762; Brasfield v. State, [Tex.Cr.App.] 600 S.W.2d 288; Bullington v. Missouri, - U.S. -, 101 S.Ct. 1852,…