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In neither the jury instructions nor the verdict form was the jury instructed that it must unanimously agree upon any one of the three different criminal acts murder of mother, murder of father, or murder of both but not pursuant to a single scheme-to convict appellant of the lesser offense. The charge allowed for a non-unanimous jury verdict, in violation of the Texas Constitution's and Texas Code of Criminal Procedure's requirements of a unanimous jury verdict in felony cases.
May 09, 2005 at 12:00 AM
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