Hall v. State

OPINION

TEAGUE, Judge.

George Marshall Hall, appellant, was convicted of capital murder. Because the jury answered in the negative one of the special issues that was submitted, punishment was assessed at life imprisonment in the penitentiary. See Art. 37.071, V.A.C.C.P. We will reverse.

The record reflects that the procedure used to obtain the jury which heard this capital murder case was a mirror image of what transpired in Esquivel v. State, 595 S.W.2d 516 (Tex.Cr.App.1980), cert. denied, 449 U.S. 986, 101 S.Ct. 408, 66 L.Ed.2d 251 (1980). There, this Court approved the procedure of summoning…