Eady v. State

SIMPSON, Justice.

Appellant was indicted, tried and convicted of the crime of robbery. His punishment was fixed at fifty years in the state penitentiary. Fie has appealed to this court from the judgment of conviction, contending error in the following areas:

1. That the judgment of conviction must be reversed under authority of Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776, since those jurors professing general objection of capital punishment were excluded. In this contention appellant is wrong. The holding in Witherspoon is not applicable where the jury recommends a…