dissenting.
For the reasons expressed in my dissenting opinion in Crawford v. State, 617 S.W.2d 925 (Tex.Cr.App.1980) (Opinion on Appellant's Motion for Rehearing), I dissent to the majority’s overruling the eleventh ground of error advanced by the amicus curiae here for the reason that no objection was voiced to the trial court’s exclusion of seven prospective jurors for cause where the State had failed to meet its burden of establishing their disqualification.
For the reasons discussed in my dissenting opinion in Russell v. State, - S.W.2d - (Tex.Cr.App., No. 66,410, delivered July 6, 1983), I dissent to the majority’s overruling the amicus curiae’s ninth ground of error, which alleges the trial court erred in refusing to define “deliberately” within the meaning of Article 37.071(b)(1), Y.A.C. C.P. in its instructions to the jury at the punishment phase.
With respect to appellant’s fifth ground of error, I would point out that United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976), holds that the duty to disclose is not limited to situations where a request is made by an accused; the contrary statement by the majority is erroneous, and if Iness v. State, 606 S.W.2d 306 (Tex.Cr.App.1980) so held it should be overruled. See Whitchurch v. State, 650 S.W.2d 422 (Tex.Cr.App.1983) (Dissenting Opinion).