Freeman v. State

ROBERTS, Judge,

dissenting.

For the reasons stated in Part I of my dissenting opinion in Shippy v. State, Tex.Cr.App. 556 S.W.2d 246 (delivered April 27,1977), I dissent to the majority’s disposition of appellant’s ground of error complaining of the erroneous exclusion of prospective juror Southern. Such action violated the mandate of Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968).

PHILLIPS, J., joins in this dissent.