Eads v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for capital murder, where the punishment was assessed at life imprisonment. See V.T. C.A., Penal Code, § 19.03, and Article 37.-071, V.A.C.C.P.

At the very outset we are immediately confronted with appellant’s contention that the trial court erred in accepting an incomplete jury verdict at the penalty stage of trial and in refusing to grant a mistrial. The jury answered the third special issue submitted “Yes,” but did not answer special issues one and two. The question presented appears to be one of first impression in a capital…